Free Speech, Due Process and Trial by Jury
When is a seller not a seller in Texas? When it advertises products online, takes money for them and delivers them to customers, according to the Texas Supreme Court. That opinion was delivered Friday in response to a certified question regarding Amazon.com from the U.S. Fifth Circuit. It was not a unanimous view, as The Lawbook's Allen Pusey explains.
Invoking a web archive and a social media page as evidence of "purposeful availment," the Texas Supreme Court ruled Friday that a Connecticut company could be sued in Texas, despite its claim that it never had any intention of doing business here.
The defamation suit brought by a woman accused by D Magazine of living in University Park while on a federal food program took a step closer to trial last week when the Fifth Court of Appeals refused to dismiss her case against the Dallas publication. The court ruled that enough issues of fact have been raised by the plaintiff to preclude a summary judgment. Allen Pusey has details.
The first Hispanic woman elected to statewide office in 2010, Texas Supreme Court Justice Eva Guzman announced Monday that she is resigning from the state's highest court this coming Friday. Guzman, who has been a judge in Texas for 22 years, gained a reputation as an aggressive questioner during oral arguments. The Texas Lawbook's Allen Pusey has the details.
When the Texas Supreme Court reversed a trial court on an issue over electronic signatures, Justice Jeffrey Boyd had a problem. The court had already decided the case, he noted in dissent, 90 years ago. The Lawbook's Allen Pusey reviews Judge Boyd's singular opinion in which he takes Bob Dylan along for the ride.
In two decisions filed Friday, the Texas Supreme Court extended long overdue immunity from non-client lawsuits to the work of transactional lawyers, but declared limits on lawyer media outside the courtroom. The Lawbook has the details.
Mary Goodrich Nix, a major league litigation partner with all-star credentials, is leaving Holland & Knight for Lynn Pinker Hurst & Schwegmann. Her last day at H&K was Monday.
The move comes more than a month after the Miami-headquartered firm publicly acknowledged merger talks with Dallas-based Thompson & Knight. But that’s not the reason for the move, according to Nix. The Texas Lawbook has the story.A bankruptcy petition filed by the National Rifle Association in January was dismissed Tuesday afternoon by a federal bankruptcy judge who declared the controversial petition as having been filed in bad faith.
A North Texas bankruptcy judge is set to determine — as early as today — whether a solvent National Rifle Association will be allowed to proceed with its request for bankruptcy protection in Texas. The petition has been challenged as a bad faith filing designed by the NRA to wrest itself from accountability in New York, where the organization was created in 1871. The Lawbook has the details.
In a case closely observed by First Amendment advocates, the Texas Supreme Court ruled Friday that a trial court erred when it agreed to seal from public scrutiny exhibits that had been subject to trade secret protections but were revealed in open court.
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