Three Fifth Circuit Appeals Court judges told 500 lawyers attending the Northern District of Texas Federal Bench Bar Conference on Friday about critical mistakes that lawyers make in their briefs and oral arguments. Judge Catharina Haynes, Judge Gregg Costa and Judge James Ho provided extraordinary behind-the-scenes insight into the operation of the Fifth Circuit, including what the judges think about introductions in briefs and decisions on whether to have oral arguments. The Texas Lawbook has exclusive details.
Dallas Appeals Court Strips ERCOT of Sovereign Immunity Defense
The Fifth District Court of Appeals in Dallas ruled Wednesday that the Electric Reliability Council of Texas does not have sovereign immunity from all lawsuits and that the Texas Public Utility Commission does not have exclusive jurisdiction over all claims against ERCOT. The 12-to-1 decision has been widely anticipated because it could have ramifications in hundreds of lawsuits stemming from Winter Storm Uri in which ERCOT is a named defendant.
“To date, the supreme court has not extended sovereign immunity to a purely private entity neither chartered nor created by the state, and this court will not create new precedent by extending sovereign immunity to ERCOT,” Justice Erin Nowell wrote.
Brazos Bankruptcy Trial: Ex-ERCOT CEO Knew ‘Financial Storm Was Brewing’ After Winter Storm Uri
The former CEO of the ERCOT told U.S. Chief Bankruptcy Judge David Jones on Wednesday that he would not do anything differently in how the state agency handled the power grid during Winter Storm Uri a year ago and said that setting power prices at $9,000 per megawatt hour was not an error but a decision to “protect the reliability of the system.” Bill Magness is testifying in day two of the bankruptcy trial of Brazos Electric Coop, which is asking Judge Jones to significantly reduce the $1.9 billion ERCOT charged to the Waco-based power supplier during the four days last February when temperatures plummeted to record lows.
Kirkland and Bell Nunnally Win Jury Trial for AMLI Residential in $38M Dispute
Kirkland & Ellis partner Jeremy Fielding and AMLI Chair Gregory Mutz, a Vietnam War infantry lieutenant turned lawyer turned real estate developer, stood side by side last Wednesday as a Houston jury delivered its verdict. AMLI stood accused of lying, breach of contract and destroying evidence related to the $57 million sale in 2012 of a Houston luxury apartment complex. The verdict, both men say, brought them to tears.
Dissent Calls Fifth Circuit Decision an ‘Orgy of Jurisprudential Violence’
Two appellate judges ruled Thursday that United Airlines’ requirement that its employees be vaccinated causes “irreparable harm” to pilots and flight attendants who claim religious objections. In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit issued an unpublished and unsigned opinion ordering a federal judge in Fort Worth to reconsider issuing a preliminary injunction against the Chicago-based airline.
In dissent, Judge Jerry Smith called the majority opinion “absurd,” argued that it creates a new cause of action for every private employee in the Fifth Circuit and stated he would hide his “head in a bag” if he had written the majority’s opinion.
Lauren Brogdon Talks Energy Litigation and Her Move to Haynes and Boone
Energy trial litigator Lauren Brogdon was on maternity leave last year when she started “reflecting on the future growth” of her law practice and the right “environment” where she wanted to practice. Last week, the Houston lawyer moved her practice to Haynes and Boone. In an exclusive interview, Brogdon told The Texas Lawbook the reasons behind her lateral move, the biggest litigation risks she sees for energy companies today and her passion for pro bono.
Sidley Snags Dallas Antitrust Expert from Kirkland
Dallas antitrust and consumer-protection litigator Sean Royall, who was part of the team that represented AT&T in its successful 2018 trial against the U.S. Justice Department over the $86 billion Time Warner merger, is taking his practice to Sidley.
Plaintiffs Lawyers Face Critical Stage in Winter Storm Uri Litigation
For 11 months, hundreds of wrongful-death, personal-injury and property-damage lawsuits seeking billions of dollars in damages related to Winter Storm Uri edged along at a snail’s pace. But a Houston judge appointed to oversee the litigation has put strict new deadlines on the lawyers who suddenly find themselves in the midst of a make-or-break few months that could determine the legitimacy and survival of their lawsuits. The Texas Lawbook has the details.
Houston Energy Exec Accused of Fraudulent Kickback Scheme
Federal prosecutors in Houston and the Commodity Futures Trading Commission have charged former Pacific Summit Energy President Matthew Clark with operating an illegal scheme involving insider trading of natural gas futures and financial kickbacks. A federal grand jury Thursday indicted Clark on multiple counts of wire fraud, insider trading and making illegal commodities transactions. If convicted, he faces 130 years in federal prison.
Brian Robison Expands Practice to Mediation,
Moves to Brown Fox
For 25 years, Brian Robison has practiced commercial and antitrust litigation at V&E and Gibson Dunn – two large corporate firms. He’s wanted to be a mediator for several years and the law firm structure was not a good fit. On Tuesday, he started as a partner at business boutique Brown Fox. But there’s more to this story than just another lateral lawyer move.