Free Speech, Due Process and Trial by Jury
The Texas Supreme Court Friday delivered a one-two punch to a group of dentists and a state contractor who were pointing fingers at each other over allegations of massive fraud in the state’s Medicaid orthodontic program.
SCOTX last week ruled in yet another dispute pitting the plain language of oil and gas leases against the variable technology of the industry. In a 5-4 decision, the court ruled that the Fourth Court of Appeals erred when it imputed a more stringent requirement for the placement an offset well in the Eagle Ford Shale than either the actual lease or the realities of horizontal drilling allowed. The Texas Lawbook has the details.
(May 31) – The Texas Supreme Court tried to simplify its earlier rulings on oil and gas titles with a remarkably simple principle: a new lease supplants an old lease unless the new lease says it doesn’t. The ruling is bad news for TRO-X L.P., who sought to collect from Anadarko on a “back-in” option in a lease long-since transferred. The Texas Lawbook has the details.
Ten years ago, Carmen Dusek found herself square in the middle of the largest child custody case ever litigated. The case involved charges of child abuse and rape in a remote compound run fundamentalist religious sect run by Warren Jeffs whose Biblical beliefs included a particularly strident form of polygamy. The case came to include scores of lawyers who volunteered from afar to assure adequate legal representation for some 400 children. She recalls the pride and disappointment to Janet Elliott in The Texas Lawyer.
The Texas Supreme Court tossed out a $416,000 jury verdict against Oncor Electric citing the failure of the plaintiff, Chaparral Energy, to take its initial complaint to the Public Utility Commission. The court ruled that PUC's "pervasive regulatory scheme" gives it the exclusive jurisdiction to resolve disputes over such regulated services. Janet Elliott has the details.
Ten years ago, Carmen Dusek found herself square in the middle of the largest child custody case ever litigated. The case involved charges of child abuse and rape in a remote compound run fundamentalist religious sect run by Warren Jeffs whose Biblical beliefs included a particularly strident form of polygamy. The case came to include scores of lawyers who volunteered from afar to assure adequate legal representation for some 400 children. She recalls the pride and disappointment to Janet Elliott in The Texas Lawyer.
SCOTX reversed two lower courts and remanded for trial a lawsuit brought by the survivors of two men killed in a 2007 West Texas car crash, as well as a man injured in the accident. The case involved fees paid to their employer to assure transportation between their job site and company housing and a 1981 case both sides relied on to make their case.
In two closely-watched cases decided Friday, SCOTX defended its seemingly conflicting views on state regulation of retained acreage. Chief Justice Nathan Hecht says it’s actually pretty simple: contracts mean what they say. Janet Elliott explains in The Texas Lawbook.
The Texas Supreme Court ruled Friday invalid a complaint of same-sex sexual harassment. The behavior, which involved two female middle school teachers, was not shown the be motivated by sexual desire. Critics say the decision undermines the rights of workers at an important moment of social awareness. Janet Elliott has the details in The Texas Lawbook.
In hot pursuit of mineral leases in the frenzied 2010 Eagle Ford Shale play, Orca Assets paid $3.2 million for six leases in DeWitt County that they later discovered belonged to another company. Rather than simply accept a return of their cash, Orca sued the owner’s agent, accusing them of fraud, demanding $400 million in unrealized revenues. On Friday, the Texas Supreme Court suggested that Orca should have known better. Janet Elliott reports on the court’s reasoning in The Texas Lawbook.
© Copyright 2026 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.
