Justices on the newly created court engaged in spirited questioning over appeals involving DPS’ Uvalde school shooting records, the AG’s biometric data case against Google, and the firing of a Crowley ISD teacher who pinned down a student. Lawmakers gave the court broad authority over appeals involving the state and cases from the new business courts.
SCOTX Scrutinizes Reach of Texas Civil Barratry Law
Allegations that two Texas lawyers should be held liable for solicitations that occurred in Louisiana and Arkansas put a spotlight on the unique Texas civil barratry law. The plaintiffs argue that the financing and directing of the scheme occurred in Texas. The lawyers say the lawsuit cannot overcome the presumption against extraterritoriality.
Wallace Jefferson Reveals Clues to His Improbable Journey
The history-making justice and chief justice of the Texas Supreme Court recounts his personal and family history at a ceremony unveiling his portrait. The great-great-great grandson of a once enslaved man who served on the Waco City Council during Reconstruction, Jefferson remembers ancestor Shedrick Willis along with the judge who once held Willis in bondage but later joined him in guiding Waco into a new era. (Photo by Mark Matson)
SCOTX Hears Guardianship Divorce Case to Open Term
The $32 million estate of wealthy Laredo lawyer and businessman Carlos Benavides is at the center of the battle over a divorce initiated by his daughter and guardian. His fourth wife argues that her challenge to the divorce decree was not mooted by Benavides’ death amidst the appeal and that Texas law does not allow a guardian to petition for divorce on behalf of a ward. The daughter says that spousal lack of care for her mentally incapacitated father caused her to remove Benavides from his marital home. The Supreme Court this week is hearing other high-profile cases involving police immunity, defamation and professional discipline over a filing contesting the 2020 election.
Brister Readies for Curtain Rise on Fifteenth COA
Scott A. Brister is winding down his appellate practice as he prepares to once again don a black robe. Brister, who has served at all levels of the Texas court system, on Sept. 1 will step into his new role as chief justice of the Fifteenth Court of Appeals. He will be joined on the first and only intermediate appellate court given statewide jurisdiction by Scott K. Field, a Williamson County district judge and former Third Court of Appeals jurist, and April L. Farris of the First Court of Appeals. The trio will need their combined 30 years of judicial experience as they navigate some 70 state-related cases and prepare to develop jurisprudence for the new business trial courts. (Photo by Laura Skelding)
SCOTX Reverses Jury’s $26 Million Verdict for Woman Paralyzed in Minivan Crash
A 2003 tort reform law limits Honda’s liability because its ceiling-mounted detachable seatbelt system met federal safety regulations. The case presented novel questions about the interplay of state law and federal regulations. The large jury verdict was considered by some lawyers to be a so-called “nuclear verdict” ripe for reversal.
Landfill Dispute Returned to District Court Minus Fair Market Value Claim
The Texas Supreme Court kept alive the lawsuit filed by Travis Central Appraisal District over a landfill’s slashed property valuation but returned the case to the district court on substantially narrowed grounds. The court sided with Texas Disposal System in removing the appraiser’s fair market value claim but will allow market value evidence to be heard. The tax dispute centers on an unusual property that also houses exotic animals and hosts private parties.
Scott A. Brister to Lead New 15th Court of Appeals
Two others with intermediate appellate court experience were named to the appellate court by Gov. Abbott, who also announced appointments to the new Austin business court division. The governor still must name judges for business court divisions in Dallas, Fort Worth, Houston and San Antonio. The Texas Lawbook‘s Janet Elliott has the details.
Business Court Applicants Pick Favorite Judges, Disliked Decisions
Answers to the governor’s questionnaire shed some light on the judicial philosophies of some 30 who have applied for the coming business trial and appellate courts. Generally, they like conservatives like Scalia and Thomas and shun SCOTUS decisions on Obamacare and the Chevron deference.
Editor’s note: This article was written in advance of the governor’s announcements Wednesday.
Transactional Lawyers Fail to Materialize for Biz Court Positions
Litigators dominate the latest applications for the new business court judgeships, public records show. In the coming weeks, Gov. Greg Abbott will exercise his new power to select jurists to handle the new court’s docket of complex corporate governance and transactional disputes. A drafter of the legislation to create the specialized court system makes the case for ‘sit down’ lawyers to throw their names in the hat.