2018 Texas Supreme Court Update
KH Founding Partner Kurt Kuhn recently presented an update on the current term of the Texas Supreme Court, along with Justice Jeff Boyd, at the University of Texas School of Law’s 28th Annual Conference on State and Federal Appeals. Justice Boyd and Kuhn covered the numbers for the term to date and talked about the impact of the Court’s changes to the timing of its docket and workflow. As part of the presentation, Kuhn also shared insights into some of the Court’s top cases from the term that litigators and appellate practitioners should know. “The substance of some of these cases may not be the most impactful,” Kuhn explained, “but the Court made holding in each of these cases on issues that come up again and again in litigation around the state. These are cases that every Texas litigator should know and have in his or her litigation toolbox.”
The cases that Kuhn covered in the presentation included: (1) Lujan v. Navistar, Inc. (the sham affidavit rule); (2) Lance v. Robinson (summary judgment record issues); (3) Diamond Offshore Servs. LTD. v. Williams (proper exercise of discretion for admission of video evidence); (4) In re Elizondo (standard for reviewing record for finality of order); (5) City of Magnolia 4A Econ. Dev. Corp. v. Smedley (deadline for interlocutory appeal to challenge plea to the jurisdiction); (6) State Office of Risk Mgmt. v. Martinez (preservation of issues for appeal in administrative appeal); (7) Miller v. JSC Lake Highlands (standard for initial expert report in medical malpractice case); (8) Dudley Construction v. ACT Pipe & Supply (preservation of issues by cross-points); and (9) In re K.S.L. (statutory limitations on grounds for appeal).
As part of the presentation, Kuhn handed out the 2018 version of Kuhn Cards, baseball-style trading cards for the Texas Supreme Court. The trading cards are always a big hit with practitioners. “It is a fun way to help people learn about the Texas Supreme Court,” said Kuhn.