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Appellate

Recent Posts in Appellate Category

  • Anti-SLAPP Statute Combats Conspiracy Claim

    SLAPPs (Strategic Lawsuits Against Public Participation) are often filed with the primary intent to censor, intimidate, or silence a defendant. By burdening the defendant with the costs of litigation, SLAPP suits seek to dissuade a defendant from exercising his or her First Amendment rights. To guard against the chilling effect of SLAPPs, 28 states, the District of Columbia, and Guam have enacted ...
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  • Beware Statute of Limitations Dates for Every Aspect of a Suit

    The statute of limitations can present issues for attorneys and clients when they begin to get close to that end-date. For a personal injury suit in Texas, a plaintiff must bring suit within two years from the date the cause of action accrues. Accordingly, the plaintiff not only must bring suit within that two-year window, but also must use due diligence to serve the defendant with service of ...
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  • Attorney Sanctioned for Use of Pre-Trial “Push Poll” Survey

    Pre-trial surveys are a tactic used by attorneys sometimes to gauge public awareness of an issue or to get a read on a community. These types of pre-trial activities can draw heavy scrutiny from the court and opposing counsel as they may believe that the attorney conducting the survey is attempting to sway public opinion on the matter. Surveys like these must be neutral and used for informative ...
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