Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Robert Lindsay Duncan and Molly Duncan v. Estate of Cheryl Wheeler Sanders and Estate of Robert Reed Sanders Cause No: D-1-GN-16-002071 Judge: Amy Clark Meachum, 201st Civil …
The following are summaries of selected opinions issued by the Texas Supreme Court in September 2024. These summaries are prepared by court staff as a courtesy and are not a substitute for the actual opinions. The summaries are overviews of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Administrative Procedure Act Tex. Dep’t of State Health Servs. v. Kensington …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of October 9, 2024. ADMINISTRATIVE LAW: Court affirms where party fails to rebut presumption of sufficient notice of a hearing. St. George Affordable Auto, LLC d/b/a Skyline …
The following is a summary of selected criminal opinions issued by the Third Court of Appeals from April 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of October 3, 2024. EVIDENTIARY SUFFICIENCY – Proving Defendant’s Identity in Probation-Revocation Proceedings. Evidence was sufficient to prove that Defendant who violated probation was the …
The following are summaries of selected civil opinions issued by the Fifth Circuit in September 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Department of Labor’s minimum salary requirement did not exceed its delegated power to interpret the Fair Labor Standards Act’s “White Collar Exemption.” Mayfield v. United States Department …
Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Fortunate Payne and Josselyn Martinez v. Cynthia Owens Cause No: D-1-GN-22-002136 Judge: Daniella Deseta Lyttle, 261st Civil District Court Dates: Aug. 5 – 7, 2024 Attorneys:Plaintiffs: …
The following are summaries of selected civil opinions issued by the Fifth Circuit in August 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Federal agency lacked statutory authority to promulgate decisional rules for insurance rate arbitrators. Tex. Med. Ass’n v. U.S. Dep’t of Health & Hum. Servs., 110 F.4th 762 …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Sept. 13, 2024. TRIAL PROCEDURE: Commercial-speech exemption barred TCPA dismissal. Carpenter v. Daspit Law Firm, PLLC, No. 03-22-00466-CV (Tex. App.—Austin Aug. 14, 2024, no pet. h.) …
The following is a summary of selected criminal opinions issued by the Third Court of Appeals from February 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of Sept. 5, 2024. LESSER-INCLUDED OFFENSES: Assault on a public servant vs. resisting arrest. Resisting arrest was not a lesser-included offense of assault on a …
The Texas Supreme Court recently granted review of an insurance dispute that could have far reaching, broadening impacts on the current state of the law in Texas as it relates to the duty to defend. The ruling from the trial court and the Court of Appeals blurred the distinction between defense and indemnity, as well as the distinction between expenses …