Free Speech, Due Process and Trial by Jury
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.
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.
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.
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.
The Texas Supreme Court decides a closely watched business case by finding that adoption of American Arbitration Association rules in oil and gas leases shows “clear and unmistakable” evidence of intent to arbitrate. A dissenting justice says the ruling will strip courts of power to decide whether a particular dispute falls outside the scope of an agreement to arbitrate.
The Supreme Court has reinstated Wal-Mart’s lawsuit against Xerox over $4 million in denied reimbursements for food purchases made during a prolonged outage of the electronic benefit transfer system.
As a Houston arbitrator and former appellate justice, Michael Massengale was the perfect lawyer for the Texas House investigatory committee to choose to help investigate and write the official report about that tragic day last May when so much went wrong and 19 children and two teachers were murdered. For the first time since the report was released, Massengale has given an in-depth interview to Texas Lawbook reporter Janet Elliott about his role in the investigation, the challenges he and the committee faced and his hopes for legislative improvements to police training and school safety.
Business groups plan a renewed push to create a separate system of trial and appeals courts to handle complex commercial litigation. A Texas House committee that studied the issue says the Texas Supreme Court first should follow through on a pandemic-delayed pilot program. The Texas Lawbook previews the coming battle and other judiciary and civil justice issues expected to be discussed during the 2023 legislative session.
A nonprofit news organization seeks documents uncovered during a consulting firm’s investigation into allegations of favoritism in admissions to the University of Texas. Although the report was made public, UT says the underlying documents fall under attorney-client privilege.
With fewer large Texas law firms retaining lobby practice groups, those that remain are busier than ever as the 2023 legislative session promises key decisions on tax and regulatory issues for a wide range of corporate clients. The Texas Lawbook talks with three veteran lobbyists working to pass, change and kill legislation.
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