The following are summaries of selected civil opinions issued by the Fifth Circuit in May 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. JURISDICTION: Upon removal on the basis of improper joinder, plaintiff may clarify allegations to satisfy federal pleading standards; erroneous finding of improper joinder was not cured prior to judgment, …
The following are summaries of selected civil opinions issued by the Fifth Circuit in April 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. PROPERTY DAMAGE: Reasonable juror could conclude that impounded groundwater that escaped and flowed over river onto plaintiff’s property remained “surface water” under Texas statute, and that defendant’s negligence proximately …
The following are summaries of selected civil opinions issued by the Third Court of Appeals in April 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of May 8, 2024. PREMISES LIABILITY: Court reverses summary judgment, concluding plaintiffs were not trespassers. Chavez v. Silverleaf Resorts, LLC, No. 03-22-00498-CV …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals in November 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of May 1, 2024. EVIDENCE ADMISSIBILITY – PENDING LAWSUITS FILED BY DEFENDANT: Trial court did not abuse its discretion in admitting evidence …
The following are summaries of selected opinions issued by the Texas Supreme Court in May 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 particular aspects of the opinions; please review the entire opinions. JURISDICTION – Timely service requirement is jurisdictional prerequisite for suits …
Editor’s Note: A monthly update on jury trials in Travis County will be circulated in Bar Code and posted in the Austin Bar app. Lucy’s Kitchen #2 LLC v. Taylor Plaza, LLC Cause No.: D-1-GN-19-006920 Judge: Hon. Jessica Mangrum, 200th Civil District Court Trial Date(s): April 1 – 3, 2024 Attorneys: Plaintiff: Russell Frost, Law Office of Russell Frost, PLLC …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 1, 2024. BURDEN OF PROOF – DUE DILIGENCE: Trial court did not abuse its discretion by prohibiting defense counsel from …
The following are summaries of selected civil opinions issued by the Third Court of Appeals in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 9, 2024. GOVERNMENTAL IMMUNITY: Court holds agency is immune from takings claim. Texas State Library & Archives Comm’n v. Westmoreland, …
The following are summaries of selected opinions issued by the Texas Supreme Court in March 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 particular aspects of the opinions; please review the entire opinions. GOVERNMENTAL IMMUNITY: Governmental entity contract deemed properly executed until entity …
The following are summaries of selected civil opinions issued by the Fifth Circuit in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. CLASS ACTIONS: Class Action Fairness Act’s local controversy exception to federal jurisdiction requires that all plaintiffs sustain their principal injuries in theforum state and nowhere else. Cheapside Mins., Ltd. …