White Paper on the Texas Supreme Court
This paper reviews a number of business-related decisions of the Supreme Court of Texas over the past two years. In an effort to flesh out the patterns of decision-making that we believe emerge, we describe selected cases in some detail. For the most part, they are not “blockbusters” in the sense of monumental decisions fundamentally shifting the law. Generally speaking, the Texas Supreme Court avoids grand pronouncements. This review of recent decisions concludes that the Supreme Court writes narrowly to forestall the creation of new problems that sometimes emerge from overbroad decisions, and that it seeks to enact rules establishing clear, binding principles that will expeditiously guide lower courts.