Ed Burbach, a former top deputy in the Texas attorney general’s office, has assumed a national leadership role in the firm’s government practice groups. He is determined to grow the practices, saying that clients are thinking about state and federal regulatory issues and their lawyers should be, too. Burbach represents clients targeted by state attorneys general and the Federal Trade Commission. He also has managed the Austin office since the December death of longtime leader Kim Yelkin.
Assisted Living Center Fall Case Dismissed Under Medical Liability Act
The Texas Supreme Court said the wrongful death case was improperly cast as a premises liability claim. The plaintiff will lose her day in court by failing to meet a deadline for submitting an expert report required for health care liability claims. The assisted living industry was watching closely.
Courts’ Use of Zoom Hearings Plummets Post-Pandemic
Memories of muted microphones, strange filters and unprecedented courtroom access are recalled during a recent Open Government Seminar at the state bar’s annual convention. A panel discussion on post-pandemic court proceedings found some glitches but also much to like about remote and hybrid hearings.
Legislature Makes Seismic Shifts on Civil Courts
Lawmakers upended the state’s system of elected district court judges and regional intermediate appellate courts as business interests won a new court system for complex business disputes. The 2023 legislature rejected efforts to cut local governments out of public nuisance suits and weaken the state’s anti-SLAPP statute.
15th COA Bill Nears Enactment
Legislation to create a new intermediate appellate court to hear cases involving state government and appeals from new business specialty courts advances as the legislative session starts to wind down.
Business Court Proposal Focused on Areas with Elected Democrats
House Bill 19 was amended during floor debate to target the new system for complex business cases towards urban areas where the courts have shifted in recent election cycles from Republicans to Democrats. The House rejected a proposed amendment to have the specialty court judges elected rather than appointed by the governor.
Mark Lanier, On the Record
W. Mark Lanier, founder of The Lanier Law Firm, is recognized nationally for winning big personal injury and product liability claims against major corporations. But he also has represented clients in fraud, breach of contract and other forms of business litigation, the type of lawsuits that could be steered to a new system of business courts being considered by Texas lawmakers this year.
Lanier recently discussed his decision to publicly oppose the business court bill with The Texas Lawbook.
Legislature Enters Final Month
Debate is expected Monday on HB 19, controversial legislation to create a separate system of courts to hear high-dollar business disputes. The bill has emerged as a partisan issue, laments Mark Lanier, a high-profile trial lawyer and Republican donor who opposes the proposal. In other, less contentious, action, the House has voted to increase juror pay and raise the mandatory retirement age for judges.
SCOTX Sides with Point Energy in Drilling Deadline Dispute
The Texas Supreme Court rejected MRC Permian’s attempt to invoke a contract’s force majeure clause when it missed a deadline to drill a new well. MRC pointed to a well collapse at a different side for the delay, while Point Energy said MRC simply miscalculated the deadline.
Backlash to Business Court Bill Unites Litigators from Both Sides of the Docket
A rare alliance between groups representing trial lawyers and defense counsel is raising constitutional questions and other concerns about legislation that would create a new system of trial and appellate courts for high-dollar business disputes. House Bill 19 appears on track for House floor debate as soon as next week.