Is a new-trial order bulletproof?

For decades, Texas courts said that trial courts have discretion to grant a new-trial "in the interest of justice."  But after the decision in In re Columbia Med. Ctr. of Las Colinas, Subsidiary, L.P., 290 S.W.3d 204 (Tex 2009) (orig. proceeding), that is no longer true.  Trial courts must now specify the reasons for a new trial, and "in the interest of justice" is not a sufficient reason.

The next hot issue is whether the reasons given for a new trial are reviewable on the merits by mandamus.  Can an appellate court, on mandamus, rule that the reasons are invalid and order the trial court to enter judgment on the verdict? Or are the reasons bulletproof and not challengeable so long as they are specifically stated?

I have briefed and argued this issue. Click on the links below to read my briefs.

Download Brief on the Merits

Download Reply Brief on the Merits

Download Post-Submission Brief

--  Scott Stolley, Thompson & Knight