Michelle Casady

In the case that pits a group of cotton farmers against Helena Chemical Co., the Texas Supreme Court justices focused much of the questioning during oral argument Wednesday morning on the intricacies of the evidentiary standard Helena is asking the court to adopt. The U.S. Chamber of Commerce filed a brief in favor of Helena, while the farmers garnered amicus support from the Texas Wine and Grape Growers Association and the High Plains Wine & Food Foundation.

In an order issued Wednesday, the court vacated a panel’s Aug. 3 ruling that ended the lawsuit and set the case for rehearing before the entire court. The three-judge panel that issued the original ruling siding with Dallas County called for en banc review in the opinion, lamenting that court precedent mandated dismissal of the suit challenging a gender-based scheduling policy.

The Texas Supreme Court will hear oral arguments on Oct. 26 in the case that asks it to decide whether a group of cotton farmers suing Helena Chemical Co. for crop damage allegedly caused by the aerial application of an herbicide have presented enough evidence to survive a no-evidence motion for summary judgment. In amicus briefs recently filed, the Chamber and the Texas Wine and Grape Growers Association each warned the court of dire consequences that could flow from its ruling.

In a list of orders issued Friday morning, the state’s high court decided the case without hearing oral argument, agreeing with the plaintiff and defendant in an underlying lawsuit over an automobile crash that Harris County District Judge Dedra Davis abused her discretion in ordering the remote trial. Three prominent trial lawyer groups filed amicus briefs in the case arguing the order was unconstitutional.