Litigators – and probably most non-litigators – believe that a case is tried and decided on the evidence introduced at trial. But what about the evidence that is introduced after the appellate court gets the case? What about new evidence that the Texas Supreme Court allows into the record – evidence you had no opportunity to rebut and never even thought about?
Never heard of this phenomenon? Don’t know about this risk? The issue has flipped several recent cases in the oil and gas industry.