Often parties dispute the arbitrability of a dispute, leading to the question of who has jurisdiction—the court or the arbitrator. Some may worry that the inclusion of an arbitration clause makes a dispute always arbitrable. However, the “law provides protection
Continue Reading Who’s in Charge? Trial Court v. Arbitrator Jurisdiction
“[W]e kind of do have a reputation around here for being sticklers for the rules,” a Dallas County district judge quipped when denying a motion for leave to file a late summary judgment response. See Verhalen v. Akhtar, — S.W.3d —, No. 23-0885, 2024 WL 4394980, at *1 (Tex. Oct. 4, 2024). The judge chalked it up to the “‘tragic magic” of summary judgment practice in Texas.” Id. The Supreme Court of Texas, however, made it clear that Texas courts should not always be a “stickler” in this sense. See id. at. 2-3. Rather, the Court emphasized to Texas attorneys and judges that the “good cause” standard set out in Carpenter is a relaxed, but fair bar. See id.
Continue Reading “Tragic magic” or relief from your grief?
After even a few years of practice, most attorneys have experienced that case that really should only reach a trial after a preliminary legal issue is decided. It just seems that the expense and time for trial is wasteful if ultimately, the controlling issue on appeal is the preliminary question before ever touching on the factual dispute. But Texas attorneys have been perplexed and frustrated when a court of appeals simply denies hearing that very case through a permissive interlocutory appeal.
Continue Reading Mother May I?