Free Speech, Due Process and Trial by Jury
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)
Chief Justice Jimmy Blacklock highlighted deficiencies in the plaintiffs’ expert testimony on the question of whether a pipe fabrication plant’s drainage system contributed to flooding of 30 homes in Matagorda County.
Amy Bresnen began working at the Texas Capitol in the 2000s as a grunt in the army of college-age students that runs on Red Bull and ambition to complete the behind-the-scenes work critical to each session. The Texas Lawbook recently sat down with Bresnen in a quiet corner of the Capitol cafeteria to discuss her work.
A defamation lawsuit against Rep. Jeff Leach took center stage during a Texas House committee hearing on the Texas Citizens Participation Act. Lawmakers are struggling to address abuses of the popular law while still maintaining its protections for Texans exercising their First Amendment rights.
Senators broke along party lines in advancing legislation to stop “nuclear verdicts.” Senate Bill 30 would limit recoverable medical expenses to 300 percent of Medicare rates, adjusted for inflation. Supporters said the bill is needed to bring down insurance rates, while critics said it would remove discretion from judges and juries to make decisions on facts in individual cases.
The Texas Citizens Participation Act has helped media defendants and public advocates fight meritless lawsuits aimed at intimidating them into silence. Now, legislators are reviewing the anti-SLAPP law’s automatic stay of trial proceedings during an interlocutory appeal of a motion to dismiss. Critics of the 2011 law say it is too broadly written, allowing unscrupulous defendants to delay cases that have nothing to do with free speech. The high-stakes battle is playing out at the Capitol where supporters from across the political landscape face off against powerful business interests — with observers wondering if a compromise is possible.
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.
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