• 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 ...
  • Thinking Like a Lawyer: What Legal Reason Is and How to Use It March 13, 2019 Thinking Like a Lawyer:  What Legal Reason Is and How to Use It by Justice Evelyn Keyes, First Court of Appeals Every day we as lawyers think like lawyers as we advise clients and present and decide cases.  But we do not stop to ask what “thinking like a lawyer” actually is and how it turns us into ...
  • Inside Judicial Internships at the Houston Courts of Appeals March 13, 2019 Kem Thompson Frost, Chief Justice, Fourteenth Court of Appeals What are our courts doing to help prepare the next generation of lawyers and judges for the appellate arena? For the past several years, Texas’s First and the Fourteenth Courts of Appeals have combined forces to plan and grow a joint judicial internship program for law students.  ...
  • Interview of Justice Julie Countiss March 13, 2019 Interview with Justice Countiss, First Court of Appeals by Jill Schumacher, Daniels & Tredennick, LLP 1.      What made you decide to attend law school? Do the same things or different things motivate you to continue serving as a lawyer?       When I was growing up I loved going to the courthouse with my Dad. He was a state ...
  • Interview of Justice Richard Hightower March 13, 2019 Interview of Justice Richard Hightower by Jill Schumacher, Daniels & Tredennick, LLP 1.      Who are you as a person? I grew up in Livingston, Texas, born into a family full of public servants.  My father was an attorney and District Attorney and my brother a State Representative.  I have other relatives who are lawyers, judges, sheriffs, county clerks, ...
  • Case Updates from the First Court of Appeals March 13, 2019 Case Updates from the First Courts of Appealsby Rachel Stinson, Morgan, Lewis & Bockius LLP Primoris Energy Servs. Corp. d/b/a Sprint Pipeline Servs. v. Thomas Myers, –S.W.3d–, 2018 WL 6542569 (Tex. App.— Houston Dec. 13, 2018) (no pet. h.) (Op. on Reh’g). While sitting atop his parked 4-wheeler, Thomas Myers was struck by a reversing ...
  • Fourteenth Court of Appeals Case Updates March 13, 2019 Case Updates from the Fourteenth Court of Appealsby Kyle Lawrence, Beck Redden LLPHamilton Metals, Inc. v. Global Metal Services, Ltd., — S.W.3d –, 2018 WL 6174321, No. 14-17-00670-CV (Tex. App.—Houston Nov. 27, 2018, no pet. h.) The Texas “turnover” statute (Civil Practice and Remedies Code § 31.002) authorizes certain relief if the judgment debtor ...
  • Upcoming Events March 13, 2019 28th Annual Appellate Judicial Reception Please join us for the 28th Annual Appellate Judicial Reception!April 24, 2019 5:30-8:00 Brennan’s of Houston 3300 Smith Street Upcoming Luncheon:April 18th with Fifth Circuit Judges Don Willett and James HoRSVP Deadline: noon on Monday April 15thPlace: Coronado Club, 919 Milam Street, Suite 500 from 11:30 a.m. – 1:00 p.m.Cost: $30 for Justices and Staff ...
  • Crossword Puzzle March 13, 2019 by James Marrow, Hogan & Hogan Here is the latest HBA Appellate Lawyer crossword puzzle. For those who prefer to solve online, there is a .PUZ version of the file. (To solve online, you may need the Across Lite software, which is available for free.) A PDF version of the puzzle is available. The solution is also available.

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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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