Monthly Archive for: ‘April, 2012’

Objections to Affidavit for Lack of Jurat Must be Objected to at Trial Court

 10-0969, 2012 WL 1370867 (Tex. Apr. 20, 2012), the Texas Supreme Court considered whether the lack of a jurat - Furthermore, because no objection to the affidavit was made in the trial court about the purported affidavit’s failure to satisfy the requirements of the Texas Government Code, the defect was waived and was not preserved for appeal.  Texas Trial Law Advocate …

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Private Lawyer Advising Cities Has Immunity from Suit

On April 17, 2012, the U.S. Supreme Court held that a private attorney retained by the government to carry out its work is entitled to seek qualified immunity from suit under Section 1983.  (Section 1983 provides a cause of action against state actors who violate an individual’s rights under federal law.  See 42 U.S.C. § 1983).  The full opinion, Filarsky …

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Recovery of Court Costs in Texas State Court

As a general rule, a successful party to a suit shall recover of his adversary all costs incurred therein.  See Tex. R. Civ. P. 131. The term “successful party” means one who is successful based on the merits of a civil claim, not on whether damages are actually awarded in favor of that party.  A defendant who obtains a take-nothing …

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The Dallas Court of Appeals Holds that a Denial of Leave to Designate a Responsible Third Party is Subject to Mandamus Relief.

The Dallas Court of Appeals recently held that a denial of leave to designate a responsible third party is subject to mandamus relief.  In In re Smith, No. 05-11-01657-CV., 2012 WL 1066331 (Tex. App.—Dallas 2012, no pet. h.), the Dallas Court of Appeals held that an “improper denial of leave to designate a responsible third party may not be adequately …

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Martindale-Hubbell® is pleased to announce AV® Preeminent™ and BV® Distinguished™ ratings at Haley & Olson.

Martindale-Hubbell® is pleased to announce that Herbert S. Bristow, Blake Rasner, Leslie Allen Palmer, Jr., Daniel A. Palmer, Charles D. Olson, David Cherry and Richard Vander Woude have been given an AV® Preeminent™ Peer Review rating, the highest rating by Martindale-Hubbell®.  Each of these attorneys have received this designation for in excess of 10 years.  Michael W. Dixon has received …

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Fall 2012 Issue of The Advocate Will Tackle Social Media and The Law

The Advocate is a quarterly publication of the Litigation Section of the State Bar of Texas.  Every publication addresses hot topics and trends in litigation in the State of Texas.  The Fall 2012 issue will be no different when it addresses Social Media and The Law.  The editoral board did a great job lining up experienced authors on a topic that …

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Texas Supreme Court Affirms Property Rights of Shoreline Owners

On March 30, 2012, the Texas Supreme Court, in Severance v. Patterson, affirmed the private property rights of shoreline property owners. In doing so, the Court ruled the public’s right of access to state beaches is not guaranteed in the event of a hurricane or storm reshaping the coastline. This ruling is thought to limit the state’s ability to enforce …

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