Free Speech, Due Process and Trial by Jury
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.
Justices consider Texas A&M University’s governmental immunity claim in case involving single-vehicle crash by a deputy sheriff at a recently altered intersection. The deputy wants an opportunity to replead his premises liability case.
The Fourth Court of Appeals said the case should not have been dismissed last year for want of prosecution at a time when civil jury trials were not available in Kerr County. The case involves Utopia lawyer Patricia Skelton’s claim against her criminal defense lawyer, which previously survived a dismissal when the Texas Supreme Court allowed Skelton to prove her innocence in the malpractice case.
The Texas Supreme Court heard arguments in a case that could lay out the rules for deciding how to read a drilling lease’s force majeure clause. The case involves a driller’s response to unforeseen circumstances and its miscalculation of a deadline.
Nearly half of those summoned fail to show, leaving courts scrambling to meet a backlog of jury trials, a Texas judicial system official tells a legislative committee. The committee chair vows to elevate policies next session to promote jury service.
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