The new Democratic majority in the Fifth Court of Appeals was viewed as favoring trial court discretion and seen as pro-jury trial, thus not inclined to expand rules or processes that would resolve cases in other ways. But an appeal of a medical malpractice case directly pits those two ideas against each other and provides valuable insight into the philosophy of the new majority.
A Study of Three Sentences: Potential New Perspectives by the Texas Courts of Appeal
Supreme Court Justice Benjamin Curtis said “questions of jurisdiction are questions of power.” That observation provides a useful lens to examine how three sentences from recent opinions by the Dallas Court of Appeals involve questions of power, and how they may illustrate areas where the newly-constituted Texas appellate courts may take new approaches.
Fifth Circuit: Birds of a Feather are Trademarked Together
Monty Python’s famous “Dead Parrot” sketch involved John Cleese and Michael Palin debating whether a dead bird sold by a pet store was, in fact, deceased. In that same spirit, the recent Fifth Circuit case…
Fifth Circuit Analysis: In Arbitration, What are ‘Actions Seeking Injunctive Relief?’
Arbitration agreements often have carveouts for types of litigation, such as emergency injunction applications to protect intellectual property. Drafted cleanly, such a provision can save valuable time and resources. Drafted loosely, it can cause procedural delay and uncertainty about the proper place to resolve a dispute. The Fifth Circuit has some suggestions.
