I spoke today, virtually, to the Texas Bar CLE’s 33rd “Advanced Evidence and Discovery Course,” which would have been in San Antonio. My topic was proving up damages in a commercial case, and I focused on ten specific issues identified in recent Texas and Fifth Circuit cases. I also showed off some smooth hand gestures, as you can see above. Here is a copy of my PowerPoint. The Bar staff did a terrific job with the A/V logistics and I look forward to doing another program with them soon.
Despite unusual features of the State’s mandamus petition about mail-in ballots as to (1) the degree of discretion given county election officials, (2) the early stage of preparation for the 2020 election, and (3) ongoing litigation (as discussed briefly by me in this (Houston Chronicle interview), the Supreme Court has set the matter for oral argument on Wednesday of this week.
It is hard to blog about the Texas state appellate courts when their website has been the victim of a ransomware attack! The unfortunate incident has been well-covered by the Texas Lawbook and Law360.
This is a cross-post from 600 Commerce, which follows the Dallas Court of Appeals.
The coronavirus situation has prompted review of once-obscure statutes and rules; among them, Tex. R. App. 17, which addresses where to go if the ordinarily-assigned court of appeals is unavailable. Surprisingly, Rule 17.2 sends the relevant party to the nearest alternative court of appeals, measured by distance from the trial court. For courts in the Dallas district, then, that could be Fort Worth, Waco, Tyler, or Texarkana. (To be clear, THE DALLAS COURT IS AVAILABLE, this post is just a note on a TRAP that has become less obscure in light of current events.)
