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On February 7, 2025, Texas Supreme Court Chief Justice James D. Blacklock asked the Supreme Court Advisory Committee (the “Committee”) to “study and make recommendations on eliminat[ing] [ ] the Court’s current practice of requesting merits briefing before deciding a petition for review.”¹ The Court further requested that the Committee “propose draft rule amendments accomplishing this objective.”² Given the Court’s stated objective of eliminating the current practice, these changes appear likely on the horizon. This rule change could significantly impact appellate practice in Texas, and practitioners and parties should stay informed and prepared for these developments.

On June 23, 2023, the Texas Supreme Court issued a decision embracing the rule that an investor can engage in customary investment practices without becoming liable for torts committed by a portfolio company.