Moving to Withdraw Deemed Admissions: What You Don’t Know Can Hurt You

Most Texas lawyers know that a party seeking to set aside deemed admissions ordinarily bears the burden to establish good cause and lack of prejudice. But many of these same lawyers do not realize that in many cases, this burden of proof actually shifts to the party opposing withdrawal of the deemed admissions. And sometimes, […]

Continuance Motions: They Need to be Written!

The rules of civil procedure require that a continuance motion be verified: “No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.” Tex. R. Civ. P. 251. […]

The Business Records Exception: A Division Among Texas Appellate Courts Over Third-Party Records

Almost anyone who has seen even a few episodes of Law & Order understands at least the basic principle of the rule against hearsay. And, most Texas lawyers know how to use the business records exception to that rule. Under that exception, certain business records are admissible as an exception to the general rule barring […]

Recent Developments In The Texas Doctrine of Attorney Immunity

Attorney immunity doctrine is a hot topic in Texas law. The Texas Supreme Court of Texas has issued two opinions on the doctrine in the past four terms, and the Fifth Circuit has issued two opinions on it since January 2019. As a result of these opinions, we now have a much better idea of […]

Lawyers Beware: When Your Contract Finding May Bar Your Quantum Meruit Recovery

Lawyers frequently plead and litigate breach-of-contract cases on alternate claims for breach and for quantum meruit. Often, they submit questions on both claims to the jury. And there may be good reasons to do so. But lawyers (and their clients) should be mindful of the circumstances under which the jury’s findings on the contract claim […]

Unmasking Anonymous Speakers: The First Amendment and Anonymous Texting

Our firm recently served as counsel in a multi-state case over what has become known as “unmasking” litigation. This type of litigation arises when a person receives anonymous and harassing text messages. These messages usually are sent through commercial “masking” services. When the victim seeks to subpoena records from the masking provider to discover the […]

Bernie: The True Story of an East Texas Murder

Skip Hollandsworth just can’t admit that Bernie Tiede conned him the same way he conned almost everyone else. Texas Monthly recently released a video of Hollandsworth discussing the Tiede story. In it, he continues to describe the story much as he has since first writing about it 20 years ago. And this time around, maybe […]

Attorneys Beware: What You Don’t Reveal On Your Application For Malpractice Insurance Can Leave You Bare!

In a decision with important implications for all attorneys seeking malpractice insurance, the Fifth Circuit recently held that a law firm’s failure to disclose even a potential claim can void coverage. The case is Imperium Insurance Company v. Shelton & Associates, 749 Fed. App’x 214 (5th Cir. 2018). In 2013, a Mississippi law firm applied […]

Trial Lawyers Beware: How the TRAPS Can Trap You in Ordering Transcripts

The Supreme Court of Texas recently denied review in a case our firm handled concerning an appealing party’s obligation to order hearing and trial transcripts. The bottom-line result of that denial is to entrench a potential trap for trial lawyers under the Texas Rules of Appellate Procedure. Rule 34.6(f) of the appellate rules provides that […]

Disqualification Motions in Texas: Don’t Sit On Your Rights!

Among our firm’s growing practice areas is litigation where one party files a motion seeking to disqualify another party’s lawyers. These motions are becoming ever more common. We are hired both to file and pursue disqualification, and to represent lawyers in resisting disqualification. One of the critical issues in seeking disqualification—no matter what the grounds—is […]