Category: Litigation Counseling

Motion For Rehearing Required For Judicial Review; Agency Misrepresentation Violates Due Process

What Happened The Texas Supreme Court recently held that appellants seeking judicial review of an administrative order must file a motion for rehearing prior to seeking judicial review per the Texas Administrative Procedures Act (APA). And, an agency’s misrepresentation of the correct procedures to seek judicial review violates due process rights. Mosley v. Texas Health [..]

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Courts May Not Override Contracts On Delegation of Arbitrability

In a unanimous decision yesterday, the U.S. Supreme Court ruled that courts can no longer usurp a clear contractual delegation of arbitrability. The Case – Henry Schein, Inc., et al. v. Archer & White Sales, Inc. Schein involved a dispute over whether the arbitration clause in an equipment distribution contract applied to a conflict concerning federal [..]

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ESI Discovery In Texas

Texas Supreme Court Case Clarifies ESI Discovery Written discovery has always been a significant expense to litigants primarily due to attorney time devoted to the review of voluminous documents. The prevalence of technology in our lives has had a correlative effect on the amount of discovery and therefore on the costs of litigation. Where once [..]

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