This term the Texas Supreme Court issued a succession of rulings favoring arbitration agreements and refusing to recognize various defenses. It rejected a claim of unconscionability due to excessive costs, held a nonsignatory bound to arbitrate by direct-benefits estoppel, and held that incorporation of AAA Commercial Rules into a contract constitutes a clear and
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Opinion vs. Memorandum Opinion: 2022 Statistics
I continue to track the statistics on the number of petitions for review granted by the Texas Supreme Court where the court of appeals wrote an “Opinion,” versus those where the court of appeals wrote a “Memorandum Opinion.” My prior years’ statistical analysis have dispelled the notion that if the court of appeals writes a…
Texas Supreme Court Statistics for 2022 are here
I have completed the statistical calculations for the Texas Supreme Court’s cause disposition for the calendar year beginning January 1, 2022, through December 31, 2022. The breakdown of broader statistics is shown below. Additional calculations and numbers will be posted in the coming weeks.
- During the 2022 calendar year, the Court disposed of 95 causes,
…
Resources on Superseding Texas State Court Judgments
I had the privilege and pleasure of speaking to the Dallas Bar Association Appellate Law Section on the subject of superseding judgments in Texas state courts. In connection with that continuing legal education presentation, I prepared a written paper and a powerpoint presentation. I am making those resources publicly available here:
Continuing Education on Superseding State Court Judgments
On Thursday, June 16, 2022, at 12:00pm, I have the pleasure of presenting a continuing education program to the Dallas Bar Appellate Law Section at the Arts District Mansion (2101 Ross).
I will be speaking on one of my favorite subjects, superseding judgments in Texas state courts. The presentation will focus on the basics of…
Superseding a Judgment for an Interest in Property
In the case of a judgment for recovery of an interest in real or personal property, the trial judge must determine the amount of security required to suspend enforcement of the judgment during appeal. Texas Appellate Rule 24.2(a)(2) requires that the amount must be at least
(A) the value of the property interest’s rent or…
Miscellaneous Statistics from the Texas Supreme Court’s 2021 Dispositions
My review of the statistics from the Texas Supreme Court’s dispositions in 2021 brought an assortment of facts to the forefront that are worth highlighting.
- For the second year in a row, the court accepted a significantly higher number of petitions for writ of mandamus.
- As the number of petitions for writ of mandamus reviewed
…
Opinions vs. Memorandum Opinions on the Texas Supreme Court’s Docket
Parties (and their counsel) to a court of appeals’ disposition of an appeal sometimes worry that if the court disposed of the appeal by issuing a “Memorandum Opinion” instead of an “Opinion,” the chances of obtaining review by the Texas Supreme Court will be diminished. Statistics in recent years have helped to dispel this concern. …
Texas Supreme Court Statistics for 2021 are here
I ran the statistics for the Texas Supreme Court’s cause disposition for the calendar year beginning January 1, 2021, through December 31, 2021, and the breakdown of broader statistics is shown below. As with prior years, I will follow up with additional data as I crunch more of the numbers.
- During the 2021 calendar year,
…
Section 18.001 Counter-affidavit Update
Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court’s ruling striking a Section 18.001 counteraffidavit. Civil Practice and Remedies Code Section 18.001 counteraffidavits are used by defendants to contest the reasonableness and necessity of a claimant’s affidavit proof of…