Third Court of Appeals Civil Update April 2025

The following are summaries of selected civil opinions issued by the Third Court of Appeals during February 2025. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of March 7, 2025.  ATTORNEY’S FEES: Court reduces fee awarded in contingent-fee lawsuit. CCR Roofing, LLC v. Garner, No. 03-23-00506-CV (Tex. App.—Austin Feb. 5, 2025, no pet. …

Federal Civil Update April 2025

The following are summaries of selected civil opinions issued by the Fifth Circuit in February 2025. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.  Editor’s Note: This is Jason LaFond’s final Federal Civil Update for Austin Lawyer. We sincerely appreciate his insight and tireless work in keeping our members updated on federal issues. …

Growing Up with Alcoholism

Hi, I’m Mary Evelyn, and I’m an adult child of an alcoholic. Recently, I was reading about Brooke Shields, with whom I thought I only had one thing in common—that we grew up in the same era. It turns out another commonality is that we grew up with alcoholism. When Brooke Shields was asked in an interview if she would …

22nd Annual Austin Bar Foundation Gala Raises More Than $200,000 

More than 500 guests attended the “Secret Garden”-themed Austin Bar Foundation Gala on Jan. 25, 2025, at the Four Seasons in downtown Austin. Members of the legal community arrived in their black-tie best. Austin Bar President Mary-Ellen King hired flower-covered stilt walkers, who posed with guests to take pictures. Attendees enjoyed an elegant pre-event cocktail hour while perusing the auction …

Texas Lawyers Concerned for Lawyers; A Resource for All of Us

The practice of law is a stressful profession. Lawyers face intense pressure with long hours, demanding clients, high-stakes and high-conflict deals or cases, and high professional and societal standards. As a result, the legal profession faces high rates of depression, substance use, and behavioral addictions. Chronic stress can also strain the body to the point of causing life-threatening diseases, and …

Volunteers & Donors Make 15th AYLA MLK Day of Service a Success

The 15th Annual Austin Young Lawyers Association Day of Service on Martin Luther King, Jr., Day was tremendously successful with the help of volunteers and donors.  This local project is modeled after the national Martin Luther King, Jr., Day of Service, which is intended to transform Dr. King’s life and teachings into community service that helps solve social problems. There …

Federal Civil Update March 2025

The following are summaries of selected civil opinions issued by the Fifth Circuit in January 2025. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. APPELLATE PROCEDURE: 28 U.S.C. § 1292(b) did not permit interlocutory review of pretrial ruling on proper measure of damages. Silverthorne Seismic v. Sterling Seismic Services, 125 F.4th 593 (5th Cir. …

Third Court of Appeals Civil Update March 2025

The following are summaries of selected civil opinions issued by the Third Court of Appeals during January 2025. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of February 10, 2025.  ARBITRATION: Court reverses trial court’s failure to enforce arbitration clause. Design Tech Homes of Tex., LLC v. Siemens, No. 03-23-00735-CV (Tex. App.—Austin Jan. …

Third Court of Appeals Criminal Update March 2025

EVIDENCE ADMISSIBILITY – BREACH OF COMPUTER SECURITY: Evidence found on defendant’s phone by defendant’s wife was inadmissible. State v. Holloway, ___ S.W.3d ___, No. 03-23-00423-CR (Tex. App.—Austin July 26, 2024, no pet.) (designated for publication). Holloway was charged with aggravated sexual assault. Evidence of an extraneous offense was found on Holloway’s phone by his wife. She found the evidence by …

UT Study: Parole Reform in Texas Could Save Millions, Reduce Crowded Prisons

The University of Texas School of Law’s William Wayne Justice Center for Public Interest Law and the Civil Rights Clinic released a report recommending changes to Texas’ parole system. Parole reform is needed, the authors argue, because the state has become over-reliant on incarceration: Texas has a prison population of 130,000–the most in the country.1 Further, in 2024, the Texas …