In Lance v. Robinson, No. 16-0323, 2018 Tex. LEXIS 246 (Mar. 23, 2018), the Texas Supreme Court confirmed that when deciding a summary judgment motion, a court may consider evidence not attached to the motion as long as the...more
Sometimes it seems like the trial court is taking forever to rule on a pending motion. Most of the time, the best option – apart from friendly check-ins with the court clerk – is to wait patiently....more
In Archer & White Sales v. Henry Schein, Inc., the Fifth Circuit clarified who determines whether a dispute is arbitrable—a court or an arbitrator—when a motion to compel arbitration is “wholly groundless.”
In Archer, the...more
Conclusory opinions, especially by experts, constitute no evidence. Two recent opinions from the Texas Supreme Court explain when an expert opinion is conclusory....more
In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more
Section 150.002 of the Civil Practice and Remedies Code requires a plaintiff seeking damages arising from services rendered by a licensed professional (e.g., engineers, architects) to file with its original petition an expert...more
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....more