Minor Briefing Defects Do Not Forfeit Derivative Appeals; Courts Should Favor Merits Review and Use Supplemental Briefing Supreme Court of Texas — CHRISTOPHER F. BERTUCCI, AS OF THE ESTATE OF ANTHONY...
Texas Recognizes a Narrow Equitable “Delay-Expense” Award Incident to Specific Performance in Real-Property Sale Contracts I. Introduction In WHITE KNIGHT DEVELOPMENT, LLC v. DICK B. SIMMONS, SR.,...
Default Rule: Oil-and-Gas Conveyances Include Possession and Control of Incidentally Produced Groundwater as Waste Byproduct (Absent Express Lease Terms) Introduction In Cactus Water Services, LLC v....
Texas Recognizes a Narrow “Equitable Delay-Expense” Monetary Award Incident to Specific Performance in Real-Property Sale Contracts I. Introduction Case: WHITE KNIGHT DEVELOPMENT, LLC v. DICK B....
Default Rule: Hydrocarbon Leases Convey Control of “Incidentally Produced” Groundwater as Liquid-Waste Byproduct Unless the Lease Says Otherwise I. Introduction In Cactus Water Services, LLC v. COG...
Texas PIA–FERPA Rule: §552.026 Makes FERPA-Permitted Disclosures Discretionary and Eliminates the OAG-Decision Requirement for Withholding Education Records 1. Introduction This Texas Supreme Court...
No “Public-Interest Exception” to Mootness in Texas: Moot Cases Must Be Dismissed as Constitutionally Nonjusticiable I. Introduction In TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; STEPHANIE...
Default Rule: Oil-and-Gas Conveyances Include Incidentally Produced Groundwater and Grant the Lessee Control of Produced-Water Disposition Absent Express Lease Language 1) Introduction Case: Cactus...
PIA § 552.321(b) Is a Venue Rule—It Does Not Expand District-Court Mandamus Jurisdiction Over Constitutional Executive Officers I. Introduction In Ken Paxton, in his Official Capacity as Attorney...
Texas PIA Does Not Mandate Release of FERPA-Permissive “Final Results” Records; Universities May Withhold Without an OAG Decision I. Introduction Case: The University of Texas at Austin and Jay...
PIA Mandamus Against Constitutional Executive Officers: §552.321(b) Sets Venue, Not District-Court Jurisdiction I. Introduction In KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS,...
No Public-Interest Exception to Mootness in Texas: Courts Must Dismiss Moot Cases as Unconstitutional Advisory Opinions Case: TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; STEPHANIE MUTH, IN...
Default Rule in Texas: Silent Oil-and-Gas Leases Convey Possession and Control of Incidentally Produced Groundwater (Produced-Water Byproduct) to the Mineral Lessee I. Introduction In Cactus Water...
Clarifying Finality in Consolidated Cases: The Limits of Dismissal Orders in Texas Family Law Introduction This Judgment, rendered by the Supreme Court of Texas on March 14, 2025, in the case titled...
Clarifying Standards of Proof and Instrumentality in Tax Refund Cases Introduction In a landmark decision, the Supreme Court of Texas addressed a critical question in tax law: whether a private,...
Default Rule: Oil-and-Gas Conveyances Include Control of Incidentally Produced Groundwater as Liquid-Waste Byproduct (Absent Contrary Lease Language) 1. Introduction Cactus Water Services, LLC v. COG...
“Remove From the Docket” Is Not Unmistakable Finality: Dismissal-Style Language Alone Does Not Create a Final Judgment Under Lehmann 1. Introduction Case: In the Interest of C.K.M., a Child, No....
Texas De Novo Tax-Refund Suits Apply a Preponderance Standard; Private Prison Contractors Are Not “Government Instrumentalities” for Sales/Use Tax Exemption Introduction In THE GEO GROUP, INC. AND...
Bertucci v. Watkins: No Briefing-Waiver of Perfected Derivative Appeal Absent Clear Failure to Present Derivative Arguments I. Introduction Case: CHRISTOPHER F. BERTUCCI, AS OF THE ESTATE OF ANTHONY...
Death-Penalty Discovery Sanctions Require Proof of Flagrant Bad Faith and a Tested, On-the-Record Consideration of Lesser Sanctions Case: In re Newkirk Logistics, Inc., No. 24-0255 (Tex. May 16,...