The following are summaries of selected civil opinions issued by the Third Court of Appeals during October 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of November 11, 2024. FAMILY LAW: Court affirms modification ordering child support. Doyle v. Doyle, No. 03-22-00691-CV (Tex. App.—Austin Oct. 11, 2024, no pet. h.) (mem. op.). …
The following are summaries of selected civil opinions issued by the Fifth Circuit in October 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. TAX: Ordering taxable articles to be shipped to the United States for resale makes one an “importer” under the Internal Revenue Code. Tex. Truck Parts & Tire, Inc. v. …
The following is a summary of selected criminal opinions issued by the Third Court of Appeals from April 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of October 3, 2024. EVIDENTIARY SUFFICIENCY – Proving Defendant’s Identity in Probation-Revocation Proceedings. Evidence was sufficient to prove that Defendant who violated probation was the …
The following are summaries of selected civil opinions issued by the Fifth Circuit in September 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Department of Labor’s minimum salary requirement did not exceed its delegated power to interpret the Fair Labor Standards Act’s “White Collar Exemption.” Mayfield v. United States Department …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of October 9, 2024. ADMINISTRATIVE LAW: Court affirms where party fails to rebut presumption of sufficient notice of a hearing. St. George Affordable Auto, LLC d/b/a Skyline …
The following are summaries of selected opinions issued by the Texas Supreme Court in September 2024. These summaries are prepared by court staff as a courtesy and are not a substitute for the actual opinions. The summaries are overviews of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Administrative Procedure Act Tex. Dep’t of State Health Servs. v. Kensington …
The following is a summary of selected criminal opinions issued by the Third Court of Appeals from February 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of Sept. 5, 2024. LESSER-INCLUDED OFFENSES: Assault on a public servant vs. resisting arrest. Resisting arrest was not a lesser-included offense of assault on a …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Sept. 13, 2024. TRIAL PROCEDURE: Commercial-speech exemption barred TCPA dismissal. Carpenter v. Daspit Law Firm, PLLC, No. 03-22-00466-CV (Tex. App.—Austin Aug. 14, 2024, no pet. h.) …
The following are summaries of selected civil opinions issued by the Fifth Circuit in August 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Federal agency lacked statutory authority to promulgate decisional rules for insurance rate arbitrators. Tex. Med. Ass’n v. U.S. Dep’t of Health & Hum. Servs., 110 F.4th 762 …
The Texas Supreme Court recently granted review of an insurance dispute that could have far reaching, broadening impacts on the current state of the law in Texas as it relates to the duty to defend. The ruling from the trial court and the Court of Appeals blurred the distinction between defense and indemnity, as well as the distinction between expenses …