Free Speech, Due Process and Trial by Jury
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?
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.
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.
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.
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.
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.
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.
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.
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.
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