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David Coale

Hey Claude, Evaluate This!

Last fall, ChatGPT took the world by storm, allowing millions to experiment with “generative artificial intelligence” through a simple and intuitive interface. ChatGPT’s success drew competitors, one of which is Claude, whose creators claim it can analyze long PDF documents. To see what Claude could do, I uploaded the petitioners’ and respondents’ briefs from Dobbs v. Jackson Women’s Health, the 2022 case that overruled Roe v. Wade.

August 15, 2023 David Coale

Unprecedented Situation — Creating Case Law for the New Court of Appeals

The Senate has now approved the House’s revisions to the bill that would form the new Fifteenth Court of Appeals for commercial cases. Once the two chambers of the Legislature sign the final version of the bill, the creation of that new court awaits only the governor’s signature.

Before long, that court’s justices will take office and its docket will begin to fill with cases. As a brand new institution, the Fifteenth Court will have no precedent of its own to apply in those cases. With apologies for the pun, that court will face an “unprecedented” situation.

May 21, 2023 David Coale

ChatGPT as a Pocket B.S. Detector

ChatGPT can be a valuable tool to avoid the constant occupational hazard for litigators of “groupthink.” All of you have to do is ask it some simple questions and you’ve got the opposing point of view, well-explained. Here’s why I think of it as my “Pocket B.S. Detector.”

January 30, 2023 David Coale

Night of the Living Lochner: Did the Constitution End Economics in 1791?

In 1985’s classic film, The Return of the Living Dead, a rainstorm spreads a zombie-creating chemical throughout a city. In 2022, the Supreme Court’s relentless focus on originalism has also awakened long-dead legal doctrines. One such resurrection appears in the concurrence from Golden Glow Tanning Salon v. City of Columbus, which advocates examination of a constitutional “right to earn a living” in light of how such economic matters were understood in the late 1700s.

November 14, 2022 David Coale

WWHD? — Should the Question ‘What Would Hamilton Do?’ Inform the Fifth Circuit’s Separation-of-Powers Jurisprudence?

Seven federal courts, including the U.S. Court of Appeals for the D.C. Circuit, have rejected arguments that federal financial regulators should not be funded by assessments made outside the usual budgeting process. The reasoning was those fundings are done pursuant to acts of Congress.

The Fifth Circuit in Community Financial Services Association of America v. Consumer Financial Protection Bureau saw matters otherwise and cited several drafters of the Constitution, including the ubiquitous Alexander Hamilton.

October 24, 2022 David Coale

The Etiquette of Jurisprudential Unicorns: Review of a Recent Fifth Circuit Concurrence

Scholars traditionally classify the statements in a judicial opinion as “holdings” (the reasons for a court’s decision) or “dicta” (additional discussion not necessary to the result, with varying precedential value depending on its thoroughness). But that distinction comes up short when applied to Fifth Circuit Judge James Ho’s recent concurrence in Defense Distributed v. Platkin. The concurrence—a courteous (though unenforceable) request to a district court in another circuit—is an unusual jurisprudential addition to the patchworks of holding and dicta that ordinarily fill the Federal Reporter.

September 23, 2022 David Coale

Abortion, Texas Republicans and the Slaughterhouse Cases: A Collision Ahead

Despite the recent threats of conservative lawmakers to impose civil and criminal penalties on Texas residents seeking an abortion in another state, the privileges-or-immunities clause and the dormant commerce clause can protect interstate travel for those parties. But will they given the current makeup of the federal courts?

August 1, 2022 David Coale

‘Meatspace,’ Cyberspace and the Dallas Court of Appeals

Cyberpunk fiction often calls the physical world “meatspace,” as distinct from the online world of cyberspace. Litigation does not observe that distinction. Disputes about personal jurisdiction often ask a court to review the interaction between the physical and online worlds. The Dallas Court of Appeals recently reviewed the current state of that important law in Shopstyle, Inc. & Popsugar, Inc. v. rewardStyle, Inc.

July 28, 2020 David Coale

Bet the Business, Lose the Business

The start of Judge Andrew Oldham’s opinion in Hewlett-Packard Co. v. Quanta Storage captures the essence of high-stakes litigation. Faced with a major antitrust claim by Hewlett-Packard, “Quanta risked bet-the-company litigation and lost, so the district court ordered it to hand over the company.”

June 10, 2020 David Coale

Economic Loss in a Time of Coronavirus: Fifth Circuit Case May Drive Future COVID-19 Business Tort Litigation

The Fifth Circuit recently confronted a classic “economic loss rule” problem under Texas law. While the case involved a dispute about the operation of a power turbine, the legal framework described by Golden Spread could easily set the ground rules for future business tort litigation arising from the COVID-19 crisis.

April 10, 2020 David Coale

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Features

  • Texas Lawbook Thanks Keurig Dr Pepper and Shell, Toyota and Vitol, and Many of You - A devoted single mom of three who worked two hourly wage jobs — one as a dishwasher and the other changing oil — because the state of Texas forced her to pay hundreds of dollars each month in child support to her deadbeat baby daddy, who was serving 20 years in prison for raping one of their children. She literally struggled to pay the rent and food for her family. Within hours of The Texas Lawbook writing about the case, lawyers at Reese Marketos stepped forward. Weeks later, a Dallas district judge signed an order reversing the Texas attorney general.

    Three years ago, The Lawbook launched a full-time reporter position to write about pro bono, public service and diversity in the Texas legal profession. During the three years, The Lawbook has published more than 240 articles on Texas lawyers representing military veterans, abused children, asylum seekers, the elderly and those discriminated against because of their religious beliefs. Those 240 stories highlighted the pro bono work, public service initiatives and diversity efforts of more than 400 lawyers, 115 law firms and 60 corporate legal departments in Texas.

    Now, we need your help.
    July 25, 2025Mark Curriden
  • My Five Favorite Books: Jennifer Rodriguez (Head of Legal at Half Price Books) - Pulling this list together was harder than expected. My book choices vary greatly — from chick lit rom-coms to biographies to thrillers. I love a book that doesn’t make me think. I’m a lawyer — I have to think a lot. So it’s sometimes nice to just read something light and mindless. That said, what this exercise taught me is that I am really drawn to books that weave storylines together and pull me in enough that I get to the “just one more chapter” stage. I hope you enjoy them as much as I did. And, if you happen to come by Half Price Books’ flagship store in Dallas to grab one of these books, let me know! My office is right upstairs.

    Editor’s note: The Texas Lawbook is pleased to launch this new column in partnership with Texas-based Half Price Books sharing our readers’ favorite reads.
    July 23, 2025Jennifer Rodriguez

GCs, Lawyers & Firms

  • Paul Hastings Continues TX Growth Play with Energy M&A Hire - Peter Hays has had a career-long focus on onshore and offshore energy and a practice spanning both domestic and international markets.
  • Sorrels Law Adds Veteran Houston Litigator
  • Fisher Phillips Adds Houston Litigator
  • Bradley Adds Partner in Dallas
  • Meet the New Head of Litigation at J.D. Silva & Associates
  • Dorsey & Whitney’s New Managing Partner Has Texas Ties and Big Plans
  • Vartabedian Hester & Haynes Hires Richard Roper to Launch New White Collar, Investigations Practice Group
  • Willkie Continues to Expand its Dallas Office with Veteran Dealmakers
  • FBFK Adds Two Lawyers to its Austin Office
  • Beck Redden Bolsters Appellate Group With Hire From Troutman Pepper Locke
More GCs, Lawyers & Firms

Lawyers in the News

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Barry Barnett
Wes Bearden
Emily Westridge Black
Michael Burke
Alicia Campbell
John Campbell
Madeleine Carpenter
Alexander Clark
Dawn Pittman Collins
Richard Finneran
Elizabeth Freeman
David Gail
Elizabeth Gibson
David Jones
Frank Lopez
Abbe Lowell
Neal Manne
Billy Marsh
Tom Melsheimer
Tasha Moser
Justin Nelson
Reed O'Connor
Kate Pennartz
John “J.” Pieratt
Danielle Reyes
Christopher Richardson
Randy Sorrels
Harry Susman
Larry Vincent
Victor Vital
Brent Walker
Matt Weybrecht
Melody Wilkinson
Alex Wolens

Firms in the News

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A&O Shearman
Bryan Cave
Cozen O'Connor
Haynes Boone
Holland & Knight
Jackson Walker
King & Spalding
Kirkland & Ellis
Law Office of Liz Freeman
Paul Hastings
Porter Hedges
Sorrels Law
Susman Godfrey
Toyota
Troutman Pepper Locke
Willkie
Vinson & Elkins
Weil
Winston & Strawn

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