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Seven-Factor Balancing Test The amendment codifies the Texas Supreme Court’s holding in In re M-I L.L.C., which sets out a seven-factor balancing test that courts must consider before excluding a party or a party’s representative at any stage of the proceedings, including discovery, pretrial, or trial. [read post]
30 Jan 2017, 7:31 am
” The Tenant responded, “I thought I made it clear to you that I wasnot involved in your operation when I returned your keys to you last May. [read post]
19 Nov 2010, 9:25 am by David Post
Im not enough of a Court-watcher to know whether the Court would, if it grants cert, do the sensible thing and overrule (or at least narrow into non-existence) the Calder doctrine – the prospect of the Court hearing the case and re-affirming (or even, heaven forbid, strengthening) the doctrine does, I admit, make me a little nervous (though maybe someone who knows the predilections of our Justices better than I do can reassure me on that score). [read post]
8 Sep 2022, 5:35 am by Jack Goldsmith
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]
19 May 2016, 1:23 pm by Alex Loomis
Rather than argue that this reading of Zivotofsky I is the best interpretation of that case, in this post I'm going to review U.S. appellate court political question jurisprudence since Zivotofsky I and ask if that case changed the lower courts' analysis. [read post]
24 May 2008, 11:04 am
Im not promising to classify the requests into groups again, but here’s a try: Tort cases Abrazo Adoption Assocs. v. [read post]
2 Oct 2015, 9:45 am by Thompson & Knight LLP
  The involuntary petition was filed against Cook on August 6, 2015 by (i) Baker Hughes Oilfield Operations, Inc., (ii) M-I, L.L.C. d/b/a MI-SWACO, and (iii) Schlumberger Technologies Corporation. [read post]
20 Jan 2015, 4:50 am by Charles Sartain
Im not so sure it is, but this post is already too long. [read post]
12 Nov 2021, 10:36 am by Christopher Hoffmann
Some of these statements include: –          “Im sorry,” or any apology for that matter –          “they came out of nowhere. [read post]
12 Jun 2017, 7:01 am by Leiza Dolghih
” Additionally, come September, Texas courts will have to apply a balancing test first articulated in  In re M-I, L.L.C., 505 S.W.3d 569 (Tex. 2016) when determining whether a party involved in a trade secrets lawsuit can be denied access to documents or testimony about its competitor’s trade secrets. [read post]
2 Aug 2021, 7:28 am by Christopher Hoffmann
Admitting an illegal maneuver or saying something like “Im sorry” can be interpreted as an admission of fault. [read post]