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Sovereign Immunity Procedure

The Third Court of Appeals has released an opinion on an interlocutory appeal which clearly sets forth the rule that in enacting the Whistleblower Act the Texas Legislature waived immunity from both...

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Recalcitrant Registered Agents

The Third Court of Appeals issued an interesting memorandum opinion this morning affirming a trial court’s default judgment in a case where a registered agent refused to accept service of process in a...

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Attorneys’ Fees and Property Taxes

This morning, the Third Court of Appeals, sitting en banc on a Motion for Rehearing, issued an opinion holding that certain language in the Texas tax code which uses the word “may” is in fact...

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Congratulations to Diane Henson

According to the Texas Secretary of State, our good friend, colleague, office-mate and frequent co-counsel Diane Henson has won her election to the Third Court of Appeals. We look forward to blogging...

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Discrimination Claim does not Invoke School Laws of the State

The Third Court of Appeals issued an opinion on interlocutory appeal this morning affirming a trial court’s denial of a plea to the jurisdiction filed by the Austin Independent School District. The...

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Special Exceptions Procedure in Texas

This morning, the Third Court of Appeals issued a memorandum opinion that is useful for practitioners who file, respond to or appeal Special Exceptions. The opinion, written by Justice Patterson,...

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Third Court of Appeals Issues Defamation Opinion

On Tuesday, the Third Court of Appeals issued an opinion dismissing a number of defamation claims brought by Williamson County’s District Attorney against the Smithville Times. The case involved a...

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Hairstylists Get Another Day in Court

This morning, the Third Court of Appeals issued an opinion in a procedurally complex case stemming from a group of hairstylists’ claim in quantum meruit that Supercuts failed to pay them for work done...

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Death and Divorce in Texas

This morning, the Third Court of Appeals issued an opinion in an interesting case not normally within our area of interest, but which is worth mentioning nonetheless. The opinion, written by Justice...

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El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot...

The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v...

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