A recent Texas appellate opinion examines when attorney immunity applies and where conduct may cross from protected legal services into unprotected business activity.
Where Business Meets the Bench | Updates from the Texas Business Court and Fifteenth Court of Appeals
Dale Wainwright, Co-Chair of the firm’s National Appeals & Legal Issues Group and Chair of the Texas Appellate Practice, has more than three decades of experience. He has substantial experience in high-risk, precedent-setting appeals, representing clients in complex commercial, energy, personal injury, health care, and administrative disputes in state and federal trial and appellate courts. Dale handles briefing and oral argument in trial and appellate courts, structures appeals and mandamus proceedings for success and counsels clients on litigation strategy, error preservation at trial, jury charge preparation, post-verdict proceedings, and analysis of the trial record for appellate potential.
Prior to joining Greenberg Traurig, Dale served on the Texas Supreme Court for 10 years, authoring more than 125 opinions. Elected to the Supreme Court in 2002, he was the third-longest-serving member of the court at the time of his return to private practice. Dale began his judicial career in 1999 when he was appointed by Governor George W. Bush to preside over the 334th Civil District Court in Houston, Texas. As judge of the 334th District Court, he resolved 3,000 cases and presided over more than 100 trials.
A recent Texas appellate opinion examines when attorney immunity applies and where conduct may cross from protected legal services into unprotected business activity.…
The Fifteenth Court of Appeals denied mandamus relief against Texas Business Court Division 3B, reinforcing the high bar for challenging interlocutory orders before final judgment.…
The Texas Business Court — established to provide specialized adjudication of complex commercial disputes — has quickly become a significant forum for business litigation in the state. But what happens when a plaintiff, after removal to the Business Court, decides they would rather be somewhere else? Can strategic amendments to a petition strip the Business Court of jurisdiction and send a case back to the original state district court?…
Continue Reading Can Plaintiffs Plead Their Way Out of Texas Business Court?