Last Build Date: Mon, 03 Oct 2016 12:44:53 +0000
Mon, 03 Oct 2016 12:44:53 +0000
I’m pleased to pass along the news that this blog was featured in the most recent installment of LexBlog Leaders, an LXBN series focusing on successful LexBlog Network blogs. Among other topics, the interview covers my take on blogging success and how this site has evolved since its launch almost ten years ago. Anyone interested is … Continue Reading
Tue, 20 Sep 2016 10:52:14 +0000
Appellate lawyers share some job-related realities with journalists, namely running up against deadlines. Although attorneys don’t rush to finish stories before a midnight printing, we do have to meet filing deadlines to seek relief from erroneous trial-court or intermediate-appellate court decisions. Knowing those deadlines (and how they are calculated) is paramount to correctly perfecting appeals. … Continue Reading
The post Getting the Scoop on Calculating Texas Appellate Deadlines appeared first on Texas Appellate Law.
Mon, 29 Aug 2016 13:30:12 +0000
In my last post, I addressed the significance of the burden in framing your response to a motion for summary judgment and in your appeal from an adverse summary judgment. In this post, I address getting your evidence in the record and keeping the other side’s out, amending your petition, and filing an appeal from … Continue Reading
The post Second Bites at the Summary-Judgment Apple (Part II) appeared first on Texas Appellate Law.
Tue, 23 Aug 2016 14:06:57 +0000
All litigators file or respond to dispositive motions, including motions for summary judgment. Dispositive motions are an opportunity for trial attorneys to implement their trial strategy, using the facts in their cases to gain a tactical advantage, whether by eliminating claims or defenses, educating the judge, or poisoning the well. But dispositive motions also require … Continue Reading
The post Second Bites at the Summary-Judgment Apple (Part I) appeared first on Texas Appellate Law.
Fri, 12 Aug 2016 12:52:21 +0000
Editor’s Note: The following is a guest post from Brian Wortham, who completed a summer clerkship with our firm this week. Brian is a second-year student at St. Mary’s University School of Law. After surviving my first year of law school, I was set to begin the time-honored tradition of finding a summer clerkship. I … Continue Reading
Mon, 08 Aug 2016 13:18:05 +0000
I have a confession to make: I’m doing a lot of litigation-support work these days. And I like it. In one context, the phrase “litigation support”—like “contract lawyer“—can have an almost-negative connotation. It might imply document review, presentation assistance, or other services that are not high revenue generators or don’t require a law license at all. The phrase has … Continue Reading
Sun, 31 Jul 2016 18:31:38 +0000
Last week, I spoke to the Austin Bar Association ADR Section about mediating cases on appeal. In my talk, I explored the differences in perspective between pre-trial mediation, in which most everything is in flux, and post-trial or appellate mediation, where a party has usually won or lost and the variables have shifted toward certainty. … Continue Reading
The post Using the Evaluative Approach in Appellate Mediation appeared first on Texas Appellate Law.
Tue, 28 Jun 2016 13:25:26 +0000
While appearing rhetorical, there is a very good reason to bother. My firm recently turned an appellant’s partially favorable result into full relief on rehearing. In doing so, we utilized the Texas appellate procedure rules, which allow parties to request that intermediate appellate courts reexamine their decisions: either by filing a motion for rehearing or … Continue Reading
The post Motions for Rehearing or Reconsideration En Banc: Why Bother? appeared first on Texas Appellate Law.
Fri, 13 May 2016 18:59:11 +0000
I spoke today at TexasBarCLE’s Soaking Up Some CLE Program on South Padre Island—one of my favorite places to visit. My topic was “Jury Charges in Commercial Cases.” For anyone interested, my slidedeck appears here. Today was the first time I’ve presented on this particular topic. As always, I learned a lot getting ready for … Continue Reading
Mon, 04 Apr 2016 12:33:46 +0000
No, the headline isn’t a lead-in for an appellate lawyer joke. In all seriousness, I’m announcing my nomination to run for treasurer of the Austin Bar Association. This race will be contested, as one other candidate was also nominated to appear on the ballot. Election as treasurer would put me on a path to becoming Austin … Continue Reading