October 3, 2022

Volume XII, Number 276


October 03, 2022

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And The Winner Is . . . Re: Supreme Court of Texas Meeting in Conference

The Supreme Court of Texas is meeting in conference today,  August 15. It's the first conference in a while, given the summer court schedule. But without even warming up or stretching out, the court is managing to sandwich four days of conference in the next five work days.

I am sure it will reward us all with a blizzard of opinions on August 23. Hopefully, not all mine and not all at the same time please.

'K, thanks.

But at this time of year I like to troll the stats at SCOTXBlog and see who holds the record for longest pending cases.

Right up there is In re Whataburger Restaurants, complaining that the trial court did not state a valid reason for granting a new trial.

The Court asked for full briefing way back on April 15, 2011. You remember April 15, 2011, right? The top grossing movie was the animated feature "Rio." I remember it like it was yesterday.

OK, that was a lie. I don't remember. Two years is a long time ago. My teenager could not drive at that point. But we cannot give the prize to a case merely pending on the briefs.

Recently, we tipped our Stetson to the court for the record clearing of argued cases. But this year, elections or court turnover or rodents of unusual size ("ROUS's") have prevented it. So alas, one must give the prize to the case that has been pending the longest after argument.

Thus, the prize goes to Rio Grande Regional Hospital v. Lopez, which was argued February 9, 2012, appealing a judgment for nursing malpractice for failing to prevent a patient's suicide.

Of course everyone remembers February 9, smack dab in the middle of primary season. That day was notable for the State Department Briefing: the U.S. was trying to stop the violence in Syria and wanted to keep Iran from getting a nuke.

Or was that just yesterday? I guess the briefings in the last 18 months have run together.

Anyhow, strap yourselves in, because the dams are about to break on August 23. Law-oh-Palooza.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume III, Number 227

About this Author

Kendall M. Gray, Antitrust Litigation Attorney, Andrews Kurth Law Firm

Kendall is a board certified civil appellate specialist who has represented clients in state and federal appellate courts such as the U.S. Supreme Court, the U.S. Courts of Appeal for the Fifth, Ninth, Tenth and Federal Circuits, the Supreme Court of Texas and many intermediate courts of appeal. His practice includes a variety of complex commercial, medical malpractice and toxic tort matters, as well as a particular focus in disputes involving employee benefits, managed care and ERISA. The disputes commonly require complex written and oral advocacy on such topics as ERISA preemption,...