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March 1, 2013Ben L. Mesches
Bankruptcy Appeals
An appeal of a bankruptcy court order or judgment involves unique procedural andjurisdictional considerations. Bankruptcy appeals are different from an ordinary federal courtappeal because of the unusually quick time frame for perfecting and briefing the appeal and thelikelihood that such an appeal may be subject to substantive1 review by two appellate courts(the district court or Bankruptcy Appellate Panel and the court of appeals). In approaching abankruptcy appeal, practitioners must consider a bankruptcy-specific jurisdictional statute, aliberalized view of finality, and a different set of rules depending on whether the appeal is tothe district court or the court of appeals. This paper sets forth a nuts-and-bolts approach forhandling a bankruptcy appeal and considers some of the more complex jurisdictional issues.
November 18, 2016John W. Ellis, Kennon L. Wooten
Recent Developments In Texas Spoliation Law
The article examines the standards in Brookshire Brothers and recent developments in Texas spoliation law post-Brookshire Brothers, including the recent recommendation of the standing State Bar of Texas Court Rules Committee to adopt a new procedural rule governing a party’s claim of spoliation. The article begins with a brief summary of the historical application of spoliation allegations in Texas jurisprudence. Next, the article focuses on analytical framework for spoliation set forth in Brookshire Brothers. The article then examines how Texas courts have applied the current spoliation framework in recent decisions. Finally, the article examines the newly proposed procedural rule.