Judge Andrew S. Oldham and the majority focused their decision on a requirement in the Securities Exchange Act dictating that the SEC must first find that any proposed regulation “is related to the purposes of the Exchange Act” before approving it. Judge Stephen A. Higginson focused his dissent on the “limited reviewing role” Congress carved out for the SEC as it relates to its ability to approve rules proposed by “self-regulatory organizations” like Nasdaq.
Former Colleagues Surprise Hecht at Final Argument
Retiring Texas Supreme Court Chief Justice Nathan Hecht was greeted by 17 former judicial colleagues and many other well-wishers as he heard his final case. Some of those gathered now sit on federal benches, while others have thriving private practices. All expressed gratitude for his service. (Photo courtesy Supreme Court of Texas)
Specific Jurisdiction Contours Central in SCOTX Oral Arguments Over Plane Crash Litigation
The state’s high court heard oral arguments Wednesday morning in the lawsuit brought by Sheema Shaik against BRP-Rotax GmbH that asks it to determine whether Texas courts have specific jurisdiction over a foreign manufacturer based on an allegedly defective engine.
Texas Secretary of State Updates Results in Dallas Appeals Court Election
Wednesday afternoon, as lawyers left their offices for the long Thanksgiving weekend, Texas election officials quietly updated the official results of the race for the Fifth Court of Appeals in Dallas. The final vote tally shows that Dallas County Criminal Court Judge Tina Clinton received nearly 1,600 votes more than her Republican opponent, giving the Democrats a sole victory among the eight races for state appellate court. But lawyers say that state Republican leaders are pressuring its candidate to challenge the results.
New Trial Order Predicated on Juror Misconduct Allegations Undone in Nissan Products Liability Case
A jury had sided with Nissan in March, issuing a take-nothing verdict in the lawsuit brought by Deana A. Rios following the April 2022 death of her husband. In a 46-page opinion issued Thursday and authored by Chief Justice Terry Adams, the panel held Harris County District Judge Fredericka Phillips had abused her discretion by granting Rios a new trial, in part by relying on inadmissible testimony from some of the jurors about deliberations in the case.
Hecht, Yes! Longest-serving SCOTX Member Had Unparalleled Impact on Business Litigation, Legal Aid
Not since the frontier days when Texas jurisprudence was being developed from Spanish law has there been a Supreme Court justice as influential as Nathan Hecht. While serving on the court for 35 years as a justice and chief justice, Hecht was a leader in the court’s transition from a plaintiffs-oriented body to one that pleased the business community with skepticism about large jury verdicts in tort cases. He played key roles in writing procedural rules that make litigation more efficient and vigorously advocated for civil legal services funding. As the longest-serving judge in Texas history hangs up his judicial robe due to state-mandated retirement, he recalls elections past and decisions that helped shaped the current court.
Dallas County Judge Ordered to Rule on Motion for Arbitration Pending Since July 2022
In an opinion dated Nov. 12 but not published to the court’s website until Monday, the panel found that “the trial judge has abused her discretion by failing to perform her ministerial duty to rule on Megatel’s motion to compel arbitration despite Megatel’s numerous attempts to set a hearing and request a ruling.”