Tensions between free speech and public protection were exposed during SCOTX arguments on licensing requirements for public adjusters. The justices posed hypotheticals about professions including lawyers, doctors and journalists, but the prevailing image was that of a roofer standing atop a house calling the insurance company.
Meet the Reasoners: Texas Legal Royalty
Harry Reasoner grew up on a farm outside San Marcos, milking cows and raising pigs for 4-H competition. At 80, he has had a storied career, representing corporations in some of the biggest trials in history. Clients pay as much as $1,500 an hour for his counsel. Now Reasoner’s two children – Barrett and Macey and the extraordinary courtroom success they’ve had – are making sure that their father’s legacy will continue for many, many years. Meet the Reasoners.
SCOTX Ponders Order Shutting Down Stinky Poultry Operations
The appeal involves high-powered lawyers and noxious fumes from East Texas industrial chicken farms. It presents important legal questions arising out of recent Texas Supreme Court decisions on temporary nuisances and permanent equitable relief.
Texas Appellate Experts Preview SCOTX Term
Coming off another cohesive term, the Supreme Court of Texas began its new session hearing arguments this week in a variety of cases. The Texas Lawbook hosted a panel of appellate experts on Tuesday to discuss some of the upcoming cases they are watching and reviewed significant decisions from last term.
Texas Seeks Stay of Federal Court Ruling Against School Book Ban
The fast-moving case is heading to the Fifth Circuit over the First Amendment implications of a new law requiring booksellers to rate material sold to public school libraries. Would Texan Larry McMurtry’s Lonesome Dove and Shakespeare’s Romeo and Juliet be banned for sexual content?
Business Court Building Blocks Taking Shape
The hotly contested legislation establishing a new business court and intermediate court of appeals to handle complex commercial cases goes into effect Sept. 1 as litigators wait for judicial appointments and procedural rules. Many expect challenges to the business court’s system of appointed judges and the Fifteenth Court of Appeals’ statewide jurisdiction. Janet Elliott outlines the issues.
Foley’s Austin Office is Hub for Firm’s Government, AG Practices
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.