Free Speech, Due Process and Trial by Jury
Advances in technologies to treat water produced from oil and gas fracking operations has made what was a worthless by-product into a potentially valuable resource. It’s now worth fighting for, as evidenced by arguments in the closely watched case of Cactus Water Services v. Cog Operating.
As an assistant attorney general, James P. Sullivan saw his petition in a habeas case struck for its tone and lack of respect. He says he apologized and learned from the incident. Gov. Abbott in January elevated Sullivan from his general counsel to the Supreme Court. Relatively unknown in the Texas legal community, Sullivan’s judicial application sheds some light on his judicial philosophy. Most of his litigation experience was in federal court, the document shows, with only 20 percent in state appellate courts.
Some were surprised by Gov. Greg Abbott’s selection of Jimmy Blacklock as Texas Supreme Court Chief justice, but his eyes were always on big questions about the role of the constitution and development of the law. His leadership is likely to continue the court’s conservative rulings.
Rulings in the two latest cases and a third decided in May set up a demanding standard for when police officers can be sued over injuries and deaths caused while pursuing suspects or responding to calls for help. Although the circumstances varied, the court said none of the cases met the emergency exception to governmental immunity.
Four years after devastating power outages resulted in death and destruction, justices will hear arguments in February on the utility companies’ mandamus effort to end claims by more than 15,000 plaintiffs. The utilities say they had no duty under the exigent circumstances to supply power to any particular customers for any particular duration.
Retiring Texas Supreme Court Chief Justice Nathan Hecht was greeted by 17 former judicial colleagues and many other well-wishers as he heard his final case. Some of those gathered now sit on federal benches, while others have thriving private practices. All expressed gratitude for his service. (Photo courtesy Supreme Court of Texas)
The deadly crash happened in December 2014 on an icy interstate near Odessa when a pickup truck carrying a woman and her three children crossed into the path of an 18-wheeler helmed by a driver trainee. Trucking and business interests decry the $116 million Harris County trial judgment as an outlier among commercial vehicle cases.
Not since the frontier days when Texas jurisprudence was being developed from Spanish law has there been a Supreme Court justice as influential as Nathan Hecht. While serving on the court for 35 years as a justice and chief justice, Hecht was a leader in the court’s transition from a plaintiffs-oriented body to one that pleased the business community with skepticism about large jury verdicts in tort cases. He played key roles in writing procedural rules that make litigation more efficient and vigorously advocated for civil legal services funding. As the longest-serving judge in Texas history hangs up his judicial robe due to state-mandated retirement, he recalls elections past and decisions that helped shaped the current court.
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.
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.
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