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7 Jun 2012, 3:32 pm by Eugene Volokh
Court of Appeals (the highest court in D.C. analog to a state court system), reversing a conviction in In re S.W. [read post]
6 Dec 2014, 9:42 pm by WOLFGANG DEMINO
See In re Nicholas, 956 F.2d 110, 113 (5th Cir.1992); In re Boyle, 819 F.2d 583, 586 (5th Cir.1987); Holladay, 60 S.W.3d at 248; Lively, 904 S.W.2d at 875-76; see also Op. [read post]
15 Jul 2009, 12:39 pm
Professor Alan Scott Rau has forwarded us the following comments relating to our post of yesterday, in which we summarized the recent Texas Supreme Court case of In re Morgan Stanley & Co., Inc., __ S.W.3d __ (Texas 2009) (No. 07-0665). [read post]
13 Jun 2009, 5:33 am
In the case of In re Estate of Womack, 280 S.W.3d 317 (Tex. [read post]
4 Sep 2008, 3:36 pm
Two interesting issues were raised in the recent Texas case of In re Estate of Walker, 250 S.W.3d 212 (Tex. [read post]
8 May 2013, 3:26 pm by WOLFGANG DEMINO
-Houston [1st Dist.] 2010, pet. denied); In re Estate of Loveless, 64 S.W.3d 564, 578 (Tex. [read post]
8 Dec 2006, 6:39 am
The following is a summary of In re Estate of Blevins, 202 S.W.3d 326 (Tex. [read post]
In re Int’l Profit Assocs., Inc., 274 S.W.3d 672, 675 (Tex. 2009) (citing In re Lyon, 257 S.W.3d at 231–32).A trial court abuses its discretion in refusing to enforce the forum-selection clause, unless the party opposing enforcement of the clause can clearly show that: (1) enforcement would be unreasonable or unjust, (2) the clause is invalid for reasons of fraud or overreaching, (3) enforcement would contravene a strong public policy of the forum… [read post]
1 Nov 2014, 4:05 pm by WOLFGANG DEMINO
When a plaintiff's claims are dismissed with prejudice, the doctrine of res judicata prohibits the plaintiff from re-asserting his claims against that defendant in a later suit. [read post]
15 Feb 2009, 9:40 pm
Weslow, 369 S.W.2d 698 (Tex.Civ.App. 1963) ... [read post]
24 Feb 2009, 4:40 am
Weslow, 369 S.W.2d 698 (Tex.Civ.App. 1963) ... [read post]
23 May 2012, 10:47 am by WOLFGANG DEMINO
See Barr, 837 S.W.2d at 628 (stating res judicata bars related matters that, with the use of diligence, should have been litigated in prior suit). [read post]