David Coale & John Adams

Will the 2018 Judicial Elections Breathe New Life into Factual Sufficiency Review?

Newly-elected judges on the Texas courts of appeals may soon revisit a firmly rooted – albeit faded – distinction between factual and legal sufficiency as they grapples with their differences with pro-business justices on the Texas Supreme Court. Specifically, courts of appeals may be able to limit state Supreme Court review by deciding cases based on factual sufficiency of the evidence. The Texas Lawbook has details.

December 13, 2018 David Coale & John Adams

Removal to Federal Court After the November 2018 Elections: More Incentive, But Less Receptiveness?

Could the swing of Texas’s big courts of appeals to Democratic majorities lead to more removals from state to federal court? Despite the hurdles federal courts have raised to removal jurisdiction over the years, the addition of five new judges to the Fifth Circuit certainly creates an opening.

November 28, 2018 David Coale & John Adams