• Features for December 2019 December 10, 2019 Welcome to the December 2019 edition of the Appellate Lawyer — the newsletter of the HBA Appellate Practice Section. LESSONS FROM JUSTICE WILLIAM J. BOYCEALSO by William J. Boyce, Alexander Dubose & Jefferson LLP PART II: IS THERE MORE DIVERSITY OF THOUGHT AFTER THE 2018 MIDTERM ELECTIONS?  A LOOK AT DECISIONS REGARDING EN BANC MOTIONS IN THE FIRST AND ...
  • LESSONS FROM JUSTICE WILLIAM J. BOYCEALSO December 10, 2019 by William J. Boyce, Alexander Dubose & Jefferson LLP As I reflect on lessons learned while serving on the bench, my thoughts keep returning to one judge in particular.  This towering legal figure taught me important lessons about life in the law, and life in general.  Perhaps the most important lessons. His name is Justice William J. ...
  • Part II: Is there more diversity of thought after the 2018 midterm elections? A look at decisions regarding en banc motions in the First and Fourteenth Courts of Appeals December 10, 2019 by Nicholas Bruno, Beck Redden, LLP As noted in last edition’s article, during the 2018 election, several of the current justices serving on the Houston Courts of Appeals promised greater “diversity of thought” if more ideological diversity existed on the Courts of Appeals. While some speculated that the election results would lead to greater frequency of ...
  • The Building Blocks of Brief Writing December 10, 2019 by Angela Spoede, Staff Attorney at the First Court of Appeals Before I was a lawyer, in what feels like another life, I was an English teacher. One of the biggest challenges I faced was imparting persuasive writing skills to my students. Their first efforts at “persuasion” usually involved the use of various typeface changes to ...
  • Did You Know? December 10, 2019 by JoAnn Storey, JoAnn Storey, P.C. A successor judge lacks the authority to file findings of fact and conclusions of law on behalf of his or her predecessor displaced by an election. Ad Villarai, LLC v. Chan II Pak, 519 S.W.3d 132 140 (Tex.2017). In some instances, the defeated judge has the power to file findings ...
  • Case Updates from the Fourteenth Court of Appeals December 10, 2019 by Eleanor Mason, Staff Attorney for Justice Hassan, Fourteenth Court of Appeals Mem’l Hermann Health Sys. v. Heinzen, __ S.W.3d __, No. 14-18-00476-CV, 2019 WL 4071940 (Tex. App.—Houston Aug. 29, 2019, no pet. h.) (Christopher, J.). A recent case from the Fourteenth Court of Appeals further refines the expert-report requirements under the Texas Medical Liability ...
  • Case Updates from the First Court of Appeals December 10, 2019 by Rachel Stinson, Trial and Appellate Attorney for the City of Houston 01-19-00391-CV, In Re Colonial County Mutual Insurance Company. Panel consists of Justices Lloyd, Goodman, and Landau. Memorandum opinion issued November 5, 2019, conditionally granting writ challenging trial court’s denial of a motion to abate discovery regarding an insured’s Insurance Code and DTPA claims against her insurer because ...
  • December 2019 Crossword Puzzle December 10, 2019 Puzzle in .puz format.  To use this puzzle, right click on the link, save the file, and then save a version of the file, changing the extension, .pdf, to .puz to use.    
  • Solution to the December 2019 Crossword Puzzle December 10, 2019 Solution to the December 2019 Crossword Puzzle
  • Upcoming Events December 10, 2019   Upcoming Luncheons: Thursday, January 9, 2020 Appellate Mediation: Finding Common Ground Post Judgment with Vikram Chandhok, Chief Circuit Mediator, Fifth Circuit Marcy Hogan Greer, Alexander Dubose & Jefferson Justice Terry Jennings, Terry Jennings – ADR Russell Post, Beck Redden Mediators Vikram Chandhok (Fifth Circuit Chief Mediator) and Retired First Court Justice Terry Jennings (TerryJennings-ADR.com) will discuss the benefits of mediating disputes post judgment ...
  • Features for August 2019 August 19, 2019 Welcome to the August 2019 edition of the Appellate Lawyer — the newsletter of the HBA Appellate Practice Section. IS THERE MORE DIVERSITY OF THOUGHT AFTER THE 2018 MIDTERM ELECTIONS?  A LOOK AT DISSENTING OPINIONS IN THE FIRST AND FOURTEENTH COURT OF APPEALS DURING THE FIRST HALF OF 2019. by Nicholas Bruno, Beck Redden LLP WHY THE LAW IS ...
  • Is there more diversity of thought after the 2018 midterm elections? A look at dissenting opinions in the First and Fourteenth Court of Appeals during the first half of 2019. August 19, 2019 by Nicholas Bruno, Beck Redden LLP During the 2018 elections, several then-candidates for the Courts of Appeals promised greater “diversity of thought” if more ideological diversity existed on the Courts of Appeals. After the election, five new justices took seats on the First Court of Appeals and five new justices took seats on the Fourteenth Court ...
  • Why The Law Is Not Just What Judges Say It Is August 19, 2019 by Justice Evelyn V. Keyes and Angela W. Spoede, First Court of Appeals As Chief Justice John Marshall famously said in Marbury v. Madison, “It is emphatically the province and duty of the judicial department to say what the law is.” 5 U.S. 137, 177 (1803). This is not a quaint and dusty maxim whose significance ...
  • A New Sheriff in the Lode Star State August 19, 2019 Texas Supreme Court restates the law on recovery of attorney’s fees. Is that a good thing? by William Ogden, Kean Miller LLP The Texas Supreme Court has issued a significant new decision restating the law on recovery of attorney’s fees.  In a 56 page opinion issued April 26, 2019, authored by Justice Paul Green writing for a unanimous ...
  • Case Updates from the First Court of Appeals August 19, 2019 by Rachel Stinson, Morgan, Lewis & Bockius LLP McDaniel v. Meador, No. 01-18-00041-CV, 2019 WL 758321 (Tex. App.— Houston   Feb. 21, 2019, no pet.) (mem. op.) Panel consists of Justices Keyes, Higley, and Landau. Memorandum Opinion by Justice Higley, issued February 21, 2019. Where decedent’s Will named “the issue who survive me of those of my children ...
  • Case Updates from the Fourteenth Court of Appeals August 19, 2019 by Kyle Lawrence, Beck Redden LLP In re Preventative Pest Control Houston, LLC, No. 14-19-00274-CV, __ S.W.3d __, 2019 WL 2897542(July 2, 2019, orig. proceeding) After the plaintiff was struck by a Preventative Pest Control Houston truck, she sued the company and its employee truck driver (collectively, the “Pest Control Parties”) for negligence. In the ensuing litigation, ...
  • Crossword Puzzle – Aug 2019 August 19, 2019 Download and print the Puzzle: Solution
  • Crossword Puzzle – Aug 2019 – Solution August 19, 2019 Crossword Puzzle - Aug 2019 - Solution
  • Upcoming Events August 19, 2019 Upcoming Luncheons: Thursday, September 12 “Appellate Practice by the Numbers: The Ethics and Policy-Based Case for Further Diversity” by Marcy Hogan Greer, Judge Ellison, and Judge Vanessa Gilmore Friday, October 11 (Please note the change in day) “The New Roberts Court: Looking Back and Looking Forward” by Professor Josh Blackman (South Texas College of Law) RSVP Deadline for September’s luncheon ...
  • Did You Know? March 14, 2019 A defendant is not required to object to a plaintiff’s omission of an independent theory of recovery in the jury charge. United Scaffolding, Inc. v. Levine, 537 S.W.3d 463, 481 (Tex. 2017). But, the broad proclamation in United Scaffolding that a defendant is not required to object that the charge is not “supported by the plaintiff’s ...

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Thanks to @jerry_bullard for a great presentation on updates from the 86th Legislature at our August section meeting! #appellatetwitter

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Thanks to Jonathan Smaby (Texas Center for Legal Ethics), Kevin Dubose (Alexander Dubose & Jefferson), Beverly Godbey (Amy Stewart Law), and Prof. Robert Prentice (McCombs School of Business at University of Texas) for a great presentation on ethics at our July section meeting!

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Houston-area lawyers: There is an opening for a staff attorney position in the Chambers of 14th COA justice Jerry Zimmerer. Please share this link with anyone who might be interested: https://www.txcourts.gov/media/1444006/job-vacancy-chambers-staff-atty-04242019.pdf

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