Two cases decided by the Texas Supreme Court last week involved
lawsuits against lawyers. One involved representational immunity, the other criminal defense malpractice. Not all they had to say favored lawyers. Janet Elliott explains.
SCOTX, Meet The ‘Fuzzy Animal’ Exception
Fort Worth is trying to control the proliferation of game rooms that have “eight-liners”—slot machines that issue coupons for lavish prizes like game systems or other electronics. The operators of those coin-operated amusement machines are fighting back. Janet Elliott explains the issue and how it relates to Chuck E. Cheese.
SCOTX: Emails ≠ Contract (at least not here)
In some cases, emails can spell out the terms of a contract. But the Texas Supreme Court ruled last week that landowners seeking compensation for a pipeline never constructed couldn’t make that case. Janet Elliott explains.
SCOTX Reverses $12M Judgment Against ConocoPhillips
The Supreme Court ruled Friday that a 1987 will handing down ownership of a Zapata County ranch included its mineral interests. Though it took him six charts to do so, Chief Justice Nathan Hecht showed that the mineral interests were distributed to her heirs exactly as Leonor Ramirez intended.
SCOTX Reconsiders Case On Jurisdiction
Having once rejected this case involving an out-of-state insulation company, the Texas Supreme Court heard arguments last week reconsidering the threshold of Texas products liability jurisdiction. Janet Elliott reports.
SCOTX Hears Case Against “Anti-Washout” Clauses
The argument before SCOTX is whether two parties can create an interest in real property that remains vested long after the agreement – or even the parties themselves – cease to be. Janet Elliott reports.
SCOTX: Judge’s Testimony Against Lawyer Was Proper
A bankruptcy judge who brought an ethics complaint against McAllen lawyer Mark Cantu should not have been excluded from testifying in the resulting disciplinary trial, SCOTX has ruled in a per curiam decision. Janet Elliott explains why it was even a question.
Cryptocurrencies, Vulnerable Investors Are Hot Topics for Securities Regulators
AUSTIN – State securities regulation has always been something of a whack-a-mole endeavor, but today’s moles have gotten quite clever. As older Texans become more comfortable with smartphones and online interactions, scammers use websites like Craigslist and Facebook to troll for victims, Joseph Rotunda, director of enforcement for the Texas State Securities Board, told The Texas Lawbook in an exclusive interview.
Language Edges Custom in SCOTX Farmout Case
AUSTIN – SCOTX held to its preference for plain language over industry custom, rejecting a $27.7 million verdict in a closely-watched farmout dispute. But the narrow 5-4 decision generated two very vigorous dissents. Janet Elliott reports.
SCOTX Walks Back Hyder
Saying a lower court misconstrued its 2015 decision in Chesapeake Exploration v. Hyder, the Texas Supreme Court ruled unanimously that the deductibility of production costs from energy company royalties is a matter commanded by contractual language. Janet Elliott, who has followed the controversy, explains.