Archives: Standards of Review

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Principled Appellate Decisions

D. Todd Smith
Yesterday afternoon, I gave a one-hour presentation to a group of 11 intermediate appellate justices on the topic of “Principled Appellate Decisions.” The presentation was part of the Texas College for Judicial Studies, a program providing educational opportunities to judges who desire to improve their adjudication skills and acquire specific training in their jurisdictional specialization. My … Continue Reading

What’s New in Standards of Review

D. Todd Smith
Below are the slides from my talk on standards of review at the 25th Annual Advanced Civil Appellate Practice Course.  This is an important but incredibly dense topic, and I only had 30 minutes to present it.  I therefore focused on two things:  (1) the abuse-of-discretion standard, which defies precise definition; and (2) legal sufficiency … Continue Reading

25th Annual Advanced Civil Appellate Practice Course

D. Todd Smith
The State Bar Appellate Section and Texas Bar CLE are co-sponsoring the 25th Annual Advanced Civil Appellate Practice Course, which will take place September 8-9, 2011 in Austin.  Related events are the popular Civil Appellate Practice 101 course (formerly known as Appellate Boot Camp) on September 7 and the Section’s annual meeting on September 8, … Continue Reading

CCA Overrules Clewis‘s Factual Sufficiency Review

Publisher’s Note:  The following is Brandy Wingate‘s first post on this blog.  Please join me in welcoming Brandy to the blogosphere! In a splintered decision in Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010), the Texas Court of Criminal Appeals overruled Clewis v. State, 922 S.W.2d 126 (Tex. Crim. App. 1996), which provided for … Continue Reading

Hall to Update Standards of Review in Texas

D. Todd Smith
The St. Mary’s Law Journal will soon publish a new version of W. Wendell Hall’s Standards of Review in Texas.  The original article has been revised several times over the years to reflect changes in the law and to cite new and updated authorities.  The new version will feature a foreword from Texas Supreme Court … Continue Reading

The Buzz on Hall Street v. Mattel

D. Todd Smith
The blogosphere has been a little slow catching on to yesterday’s SCOTUS decision in Hall Street Associates, L.L.C. v. Mattel, Inc. (06-989).  Aside from my own post, here are the blog entries I have found discussing the case: Adjunct Law Prof Blog, which opines that parties to a collective bargaining agreement can still alter the standard of judicial review because … Continue Reading

U.S. Supreme Court Invalidates Custom Standards of Judicial Review Under FAA

D. Todd Smith
In Hall Street Associates, L.L.C. v. Mattel, Inc. (06-989) (previously discussed here), the U.S. Supreme Court has held that a contract purporting to allow judicial review of an arbitration award for evidentiary and legal errors cannot be enforced under the Federal Arbitration Act. Although this decision shutters the notion that parties can contract for expanded … Continue Reading

Texas Supreme Court Roundup

D. Todd Smith
With last week’s orders, the Texas Supreme Court decided five cases, four of which involved per curiam opinions. In Goodyear Tire & Rubber Co. v. Mayes, the Court concluded that the plaintiff failed to raise fact issues sufficient to preclude summary judgment.  Reversing a divided court of appeals for failure to apply the proper standard … Continue Reading