Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(I), Willy E. Rice
Faculty Articles
Economic necessity, expanding dockets, and judicial bias and unfairness are reasons for removing summary judgement practice from declaratory judgment trials in Texas. The Texas Supreme Court adopted the summary judgment rule primarily to prevent juries from considering arguably groundless causes, to reduce costs, and to increase "the efficient administration of justice." The Texas Supreme Court could prevent summary judgment practice in declaratory judgment cases.
Texas's judges have the power to decide questions of fact and law when considering whether to award declaratory relief, negating the perceived need to entertain motions for summary relief. Trial judges must employ those doctrines to …
The Court Of Appeals For The Fifth Circuit 2003-2004 Insurance Decisions: A Survey And An Empirical Analysis, Willy E. Rice
The Court Of Appeals For The Fifth Circuit 2003-2004 Insurance Decisions: A Survey And An Empirical Analysis, Willy E. Rice
Faculty Articles
The Fifth Circuit Court of Appeals decided twenty-four insurance-related appeals between the survey period of June 2003 through May 2004. Those cases originated in nine federal district courts. The overwhelming majority of appeals concerned the interpretation and enforcement of insurance contracts. Barring one case of first impression, most involved very familiar procedural and substantive conflicts.
This year, federal preemption questions and conflicts over subject matter jurisdiction appeared in several cases. The Fifth Circuit also decided six class-action or class-certification cases, and the court decided two conflicts involving allegedly widespread racial and ethnic discrimination in the sale and marketing of various …