July 2022

July 25, 2022 Dear Friends: We march steadily toward the August 31 end of the fiscal year for the courts of appeals with more error preservation decisions. Table of Contents Lack of jurisdiction can first be raised on appeal–like standing–but not an affirmative defense, and courts of appeals don’t always agree on whether a statute […]

July 19, 2022 Dearly Beloved: Whoever is in charge of the thermostat can turn it down a notch or two.  In the meantime, the courts continue churning out error preservation decisions. Table of Contents Coming out of a bench trial, you can always raise a legal sufficiency claim for the first time on appeal Legal

July 9, 2022 Dearly Beloved: Don’t know what to say, except it looks like we’re in for a long, hot summer (maybe someone ought to write a book). Table of Contents Here is an interesting case in which the court of appeals held that a party did not waive its claim of privilege as to

July 3, 2022 Dearly Beloved: Don’t pay the ransom, I’ve escaped, and just in time for July 4.  Here are about 3 weeks worth of error preservation decisions, including a couple from the Supreme Court: Table of Contents The Supreme Court gave us two error preservation rulings, on a jury demand and legal sufficiency Jury