Texas Supreme Court Update November 2024

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 …

Federal Civil Update November 2024

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 …

Third Court of Appeals Criminal Update November 2024

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 …

Third Court of Appeals Civil Update November 2024

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 …

District & County Court Trial Verdicts November 2024

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Robert Lindsay Duncan and Molly Duncan v. Estate of Cheryl Wheeler Sanders and Estate of Robert Reed Sanders Cause No: D-1… To view the rest of this …

District & County Court Jury Trial Verdicts October 2024

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Fortunate Payne and Josselyn Martinez v. Cynthia Owens Cause No: D-1-GN-22-002136 Judge: Daniella Deseta Lyttle, 261st Civ… To view the rest of this article, please log …

Third Court of Appeals Criminal Update October 2024

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 …

Third Court of Appeals Civil Update October 2024

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.) …

Federal Civil Update October 2024

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 …

Texas Supreme Court Update September 2024

The following are summaries of selected opinions issued by the Texas Supreme Court in June 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: Commission’s order approving electricity scarcity-pricing was not subject to judicial review. …