Free Speech, Due Process and Trial by Jury
Before he was appointed as a justice on the state’s highest court in October, Kyle Hawkins argued five cases before the U.S. Supreme Court and nine at the Texas Supreme Court. His advocacy included cases targeting abortion, the Affordable Care Act and New York’s school vaccination law. Hawkins’ appointment came shortly after he argued a tobacco tax case before the court he now sits on.
Nathan Hecht, Wallace B. Jefferson and Thomas Phillips held court in a large tent on Austin’s Congress Avenue last weekend to discuss issues related to the Third Branch of government. They fielded questions about a recent constitutional amendment that gave the governor greater authority over judicial discipline and the rise of claims under the Texas Constitution.
Real world stories related by legal services lawyers highlighted the impact of Texas Access to Justice Foundation funding at this year’s event. Justice Brett Busby presented awards to Greenberg Traurig and the Texas Department of Housing & Community Affairs.
Justice James P. Sullivan has interviewed to become a U.S. District Court Judge in Austin. It would be a fast track for Sullivan, who joined the Texas Supreme Court in January. Federal Magistrate Judge Dustin Howell also is said to be under consideration for the bench once held by Lee Yeakel.
After more than a dozen years on the Texas Supreme Court, Justice Jeff Boyd is leaving his spacious office and balcony where the justices decompressed after sometimes-heated case conferences. The author of 72 majority opinions and 62 dissents is considering how he can educate the public about the need for judicial independence in an era of extreme political polarization. He reflected on his role as the court’s chief dissenter in a recent interview with The Texas Lawbook.
The lawyer who represents a dozen former DNOW employees said a recent opinion by the Fourteenth Court of Appeals reversed a significant trial award and reshapes the legal landscape in Texas for trade secret and fiduciary duty claims. The appeal resulted in more than $2 million in attorneys’ fees and costs for the ex-employees, who were accused of conspiring to steal DNOW’s trade secrets.
The Texas Supreme Court addressed ownership of “produced water,” an oilfield byproduct made increasingly valuable by new treatment methods. Absent a specific conveyance, the court said in a closely watched case, a surface estate does not retain ownership of the water separated from hydrocarbons during hydraulic fracturing operations.
The Texas Supreme Court dismissed a lawsuit from a woman who was severely injured in a small plane crash in North Texas. The court found that she failed to produce evidence that the Austrian manufacturer of the plane’s engine specifically intended its product to enter the Texas stream of commerce.
A new law makes it more difficult for shareholders to challenge corporate decisions through litigation. A second bill headed to the governor’s desk would enhance the fledgling Texas Business Court’s authority, although lawmakers decided for now against expanding the system to rural Texas. (Photo by Ricardo Garza)
A longstanding statutory link between judicial pay and legislative pensions almost derailed a bill to increase district court judges’ salaries. Last-minute negotiations between the House and Senate led to an agreement to end the link by 2030. (File photo of Texas House Rep. Jeff Leach by Tony Gutierrez/AP)
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