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David Coale

Abortion, Texas Republicans and the Slaughterhouse Cases: A Collision Ahead

Despite the recent threats of conservative lawmakers to impose civil and criminal penalties on Texas residents seeking an abortion in another state, the privileges-or-immunities clause and the dormant commerce clause can protect interstate travel for those parties. But will they given the current makeup of the federal courts?

August 1, 2022 David Coale

‘Meatspace,’ Cyberspace and the Dallas Court of Appeals

Cyberpunk fiction often calls the physical world “meatspace,” as distinct from the online world of cyberspace. Litigation does not observe that distinction. Disputes about personal jurisdiction often ask a court to review the interaction between the physical and online worlds. The Dallas Court of Appeals recently reviewed the current state of that important law in Shopstyle, Inc. & Popsugar, Inc. v. rewardStyle, Inc.

July 28, 2020 David Coale

Bet the Business, Lose the Business

The start of Judge Andrew Oldham’s opinion in Hewlett-Packard Co. v. Quanta Storage captures the essence of high-stakes litigation. Faced with a major antitrust claim by Hewlett-Packard, “Quanta risked bet-the-company litigation and lost, so the district court ordered it to hand over the company.”

June 10, 2020 David Coale

Economic Loss in a Time of Coronavirus: Fifth Circuit Case May Drive Future COVID-19 Business Tort Litigation

The Fifth Circuit recently confronted a classic “economic loss rule” problem under Texas law. While the case involved a dispute about the operation of a power turbine, the legal framework described by Golden Spread could easily set the ground rules for future business tort litigation arising from the COVID-19 crisis.

April 10, 2020 David Coale

En Banc Dallas Court Reverses No-Evidence Summary Judgment: New Force for Circumstantial Evidence

The Dallas Court of Appeals, in an 8-5 decision issued Thursday, granted review of a personal injury case and reversed the trial court’s no-evidence summary judgment for the defendant.

March 27, 2020 David Coale

Did SCOTX Set the Rules for Coronavirus Exposure Litigation?

When a brown recluse spider bit Henry McCall, no one could have anticipated that the aftermath would shape the future of tort litigation. But that may well have happened in the recent Texas Supreme Court case of Hillis v. McCall. In addressing McCall’s spider bite, the court’s opinion sets legal rules that will likely control future cases involving novel coronavirus exposure.

March 19, 2020 David Coale

Birds of a Feather Flock Together, Sometimes: Takeaways from Two Dallas Court of Appeals Opinions

“Birds of a feather flock together,” says the old proverb. But in the Dallas Court of Appeals this year, justices of the same political party do not always rule together, as shown by two recent opinions from that court.

February 26, 2020 David Coale

Fifth Circuit Reviews Affordable Care Act: Now What?

The Fifth Circuit’s ruling in the closely-watched constitutional challenge to the Affordable Care Act is more notable for what it does not say than what it does. The 2-1 decision could lead to several different paths going forward. Will the new Trump appointees join forces en banc?

December 19, 2019 David Coale

Fifth Circuit Rejects Intergalactic Jurisdiction

Does Fifth Circuit federal jurisdiction extend to other galaxies? The “God of the Earth Realm” says it does and alleges that U.S. and Louisiana officials are illegally holding the “Atakapa Indian de Creole Nation” in an eternal state of “pupilage.” This is an actual case.

December 11, 2019 David Coale

Dallas Court of Appeals Denies En Banc Review Over a Once Rare Dissent

The new Democratic majority in the Fifth Court of Appeals was viewed as favoring trial court discretion and seen as pro-jury trial, thus not inclined to expand rules or processes that would resolve cases in other ways. But an appeal of a medical malpractice case directly pits those two ideas against each other and provides valuable insight into the philosophy of the new majority.

August 5, 2019 David Coale

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Features

  • K/G’s Ryan Gravelle: “We’re a startup; we just sell legal widgets.” - Kastner Gravelle founding partner Ryan Gravelle wasn’t always a tech lawyer, but he says he got there as fast as he could. In this Q&A, the Austin corporate lawyer talks about the climate for startup funding and M&A for tech companies, competitors that have moved to Austin and how a potential recession will affect Austin's tech community.  August 3, 2022Claire Poole
  • Bobbleheads and Smoked Brisket at SCOTUS: Recollections and Advice from Former Supreme Court Law Clerks Who Now Practice in Texas - Washington D.C. may have an allure as the "Nation's Capital," but Texas certainly has demonstrated its own allure: of wide-open spaces, the Dallas Cowboys, longhorns, Willie Nelson, SXSW to name a few. But Texas has also attracted its share of those top-tier lawyers whose résumés denote them as a former clerk to a U.S. Supreme Court justice.

    It's a rarified distinction, and The Lawbook's Tony Mauro interviewed a baker's dozen of them about the path they took to get there, about their experiences inside and about their decision to bring their elite professional skill sets back to Texas. It is safe to say that they remain awed by the experience.

    August 1, 2022Tony Mauro

GCs, Lawyers & Firms

  • August Lateral Hiring Off to Sizzling Start - Baker Botts gained and lost a corporate partner; Polsinelli picked up a former assistant U.S. attorney and health care fraud expert; Gibson Dunn added a corporate debt finance partner; and BakerHostetler signed an energy litigation partner.
  • Crawford, Wishnew & Lang Hires New Partner
  • Drew Baldinger Weighs In on Return to Skadden and the Making of his Practice
  • Q&A with Recent GT Real Estate Shareholder Additions in Dallas
  • Houston PE Lawyer Jumps to O’Melveny
  • DBJ: Former Gibson Dunn Lawyer Named Vistra’s CFO
  • O’Melveny, Munck Wilson Pick Up Gray Reed Practice Group Leaders
  • Clifford Chance Lands Veteran V&E Tech Partner
More GCs, Lawyers & Firms

Coming Soon

Please click here for an advance look at excerpts from Texas lawyer Marc Gravely’s upcoming book.

Lawyers in the News

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J. Benjamin Aguiñaga
Charla Aldous
Jeff Ansley
Brian Antweil
Michael Benefield
Jonathan L. Blacker
Mike Blankenship
Lisa Blue
Michelle Boudreaux
Michael P. Bresson
Ron Burns
Matthew Buschi
Brian Buss
David Coale
Julie Countiss
Erin Nealy Cox
Damien Diggs
Denise Lambert Drake
Chisara Ezie-Boncoeur
Perrin Fourmy
Adrienne Frazior
Rodney Gilstrap
Luis Gomar
Brett Govett
Ryan Gravelle
Phil Haines
Stephen Hammer
George C. Hanks Jr.
Kyle Hawkins
Chris Heasley
Alia Heintz
George Hicks Jr.
Richard Hightower
Allyson Ho
Jim Ho
Justin Hoffman
Hillary Holmes
Ashley Johnson
John Kaercher
Scott Keller
Peter Kelly
Kathy Keneally 
Paul Koning
Chris Kratovil
Branden Lankford
Fred Lee
Daniel Leventhal
Herbert W. Linder
Sam Lindsay
Shawn Long
Jeff Lowenstein
Barbara Lynn
Mike Lynn
Alexiz Magro-Malo
Stephen Malouf
Jeremy C. Martin
Amos Mazzant
Kasdin Miller Mitchell
Eric Moyé
John Paul Nasta Jr.
William Peterson
Ryan Pittman
Shamoil Shipchandler
Leigha Simonton
Aaron Streett
David Taubenfeld
Jeff Tillotson
Victor Vital
Staci Williams
Andrew Wirmani
Evan Young

Firms in the News

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Argonaut Insurance Co.
Baker Botts
BakerHostetler
Bank of Utah
Barnes & Thornburg
Bell Nunnally
Bradley
Buss & Benefield
Charles Schwab
Coca-Cola
Diversified Energy
Dykema
Gibbs & Bruns
Gibson Dunn
Haynes and Boone
Hunton AK
Intrepid
JetBlue
Jones Day
Kastner Gravelle
Kirkland
Koning Rubarts
Lehotsky Keller
Lilly Pathway
Lynn Pinker
Megatel Homes
Morgan Lewis
Norton Rose Fulbright
Paul Hastings
PBF Energy
Polsinelli
Rapp & Krock
Reese Marketos
Samsung
Shearman & Sterling
Shell
Sidley
Smith Interface
Spearmint Energy
Syrah
Think Finance
Tillotson Johnson Patton
Vedder Price
White & Case
Winston & Strawn
With Purpose
ZMC

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