Search for: "Matter of S.W." Results 1261 - 1280 of 1,494
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15 Feb 2010, 4:56 pm by B.W. Barnett
 As a practical matter, I would argue that you should serve subpoenas on all of your critical witnesses. [read post]
’s motion did not specifically challenge the evidentiary basis for the jury’s rejection of his affirmative defense of duress, causing the court of appeals to conclude that the issue was waived on appeal. ___ S.W.3d ___, ___. [read post]
12 Feb 2010, 8:26 am by Don Cruse
Lueck, 290 S.W.3d 876, 883 (Tex. 2009), which held that those elements were jurisdictional. [read post]
22 Jan 2010, 7:35 am by Don Cruse
The Texas Supreme Court reversed, citing its decision last year in In re Department of Family and Protective Services, 273 S.W.3d 637, 642 (Tex. 2009) (docket and briefs), in which the Court held that this one-year deadline was a procedural error that had to be preserved in the trial court — not a question of subject-matter jurisdiction that could be raised for the first time on appeal. [read post]
15 Jan 2010, 8:46 am by Don Cruse
Because this was a question of subject-matter jurisdiction, it could be raised for the first time even in the Texas Supreme Court. [read post]
10 Jan 2010, 4:13 pm by Mike Aylward
Co., 267 S.W.2d 20 (Tex. 2008) In this case, the Texas Supreme Court adopted an “injury in fact” trigger for construction defect cases, declaring that allegations of ongoing property damage as the result of the insured’s negligent installation of EIFS in the plaintiffs’ homes triggered coverage throughout the period that water intrusion allegedly occurred. [read post]
7 Jan 2010, 10:36 am by Beck, et al.
But the identity of the drug hardly matters – or even whether the product was a drug. [read post]
31 Dec 2009, 11:46 am by Beck, et al.
Danek Medical, Inc., 37 S.W.3d 429, 435 (Tenn. [read post]
22 Dec 2009, 5:30 pm by B.W. Barnett
Supreme Court provided, "whether a particular punishment is criminal or civil is, at least initially, a matter of statutory construction. [read post]