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“As Justice Scalia memorably said, Article III requires a plaintiff to first answer a basic question: ‘What’s it to you?’”  Food & Drug Admin. v. All. For Hippocratic Med., 602 U.S. 367, 379 (2024) (quoting A. Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 Suffolk U.L. Rev. 881, 882 (1983)). In this summer’s roll out of United States Supreme Court decisions, many controversial cases have been highly anticipated, including that of Food and Drug Administration v. Alliance for Hippocratic Medicine.
Continue Reading What’s it to you?

“Lawyers are an indispensable part of the pursuit of justice.”

The rarely cited Standards of Conduct for the Texas Rules of Appellate Procedure—found in the TRAP following Section Five—begins with this statement. The Standards explain that:

The appellate lawyer’s role

… Continue Reading Texas Standards for Appellate Conduct?

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?

Recently, the Supreme Court of Texas released the final version for amendments to the Texas Rules of Appellate Procedure, namely Rule 53.2-.3, which provides the required contents of a petition for review and response to a petition for review. The Court added a new mandatory requirement that parties must include an introduction section. …
Continue Reading The K.I.S.S. Method?