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Is Everybody Here? Supreme Court Defines Necessary Parties

Written by Tate Hemingson on February 13, 2017

Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person’s absence would prevent complete relief or that person claims an interest in the litigation. Failure to join necessary parties can result in abatement and even dismissal. But what if non-parties have Read More…


Failure to Disclose Not Justified by Non-Fifth Circuit Authorities

Written by Robert M. O'Boyle on January 30, 2017

Lisa Velasquez Olivarez claimed that a GEO employee sexually assaulted her while she was incarcerated in the Maverick County Detention Center. She made recorded phone calls from prison to her mother and a friend, suggesting that the sexual contact was consensual. She sued for violation of her civil rights. The attorneys for GEO and the Read More…


Texas Legislative Outlook

Written by Jadd F. Masso on January 17, 2017

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow. Chapter 38 Attorney’s Fees. Section 38.001 of the Texas Civil Practice & Remedies Code currently permits an award Read More…


In 2016 the Texas Supreme Court Continues to Favor Arbitration

Written by Judith R. Blakeway on January 3, 2017

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to vacate an arbitration award under the Texas Arbitration Act (TAA) may invoke extra-statutory, common-law vacatur grounds. A party to Read More…


The Appeal-Filing Opera Ain’t Over Until the E-Filing System Sings

Written by P. Michael Jung on December 19, 2016

Nothing strikes fear into a lawyer’s heart like filing an appeal on the last day.  In the old days, the cautious lawyer took the envelope to the clerk’s office or post office himself or herself, and watched the timely file-mark or postmark being applied.  Now, of course, in the era of e-filing, it’s as simple Read More…