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.”
Fifth Circuit Affirms Dismissal Of ‘Anti-Woke’ Hiring Bias Suit
The case implicated issues at the forefront of the American social, political and legal consciousness. Practically speaking, the decision has implications and reminders for employers in the education sector and beyond.
Democratic Judge Tina Clinton Claims Late Victory in Dallas Court of Appeals Election
The news of an all-Republican sweep of the Texas Fifth Court of Appeals in Dallas last week was premature.
Citing mail-in ballots and provisional voting from Dallas County and Collin County, multiple sources have told The Texas Lawbook that Dallas County Criminal Court Judge Tina Clinton, a Democrat, appears to have flipped the election results and won her race for the Dallas appeals court against Thompson Coe commercial litigator Matthew Kolodoski.
Appellate Lawyers Talk About Impact of Judicial Elections
An Election Day “red wave” has left the Texas legal world scrutinizing incoming justices and trying to determine what changes may be coming to the intermediate appellate courts in the state’s most urban areas.
Update: Republicans Sweep Dallas, Houston Court of Appeals Elections, Get Wins in SA
In a stunning political reversal from six years ago, Republican candidates for the Fifth Court of Appeals in Dallas ran the table in Tuesday’s elections. Republican judges made significant gains on the First, Fourth and Fourteenth Courts of Appeals as well.
Litigation Roundup: PEMEX, Shell Sued Over Fatal Gas Leak, Frost Bank Gets Arbitration Win
In this edition of Litigation Roundup, we offer details on a recent $1.3 million arbitration win a team from Greenberg Traurig secured for Frost Bank, identify the law firm pursuing litigation in the wake of a fatal helicopter crash in Houston and explain a ruling from U.S. District Judge Robert Pitman that will likely change who can build transmission lines in Texas.
15th COA Hears First Arguments in Cases Involving State Entities
Justices on the newly created court engaged in spirited questioning over appeals involving DPS’ Uvalde school shooting records, the AG’s biometric data case against Google, and the firing of a Crowley ISD teacher who pinned down a student. Lawmakers gave the court broad authority over appeals involving the state and cases from the new business courts.
Fifth Circuit Sides with Southwest Pilots Union in Fight with Airline
The Monday ruling from a three-judge panel undoes a September 2023 order from U.S. District Judge Barbara M.G. Lynn dismissing the complaint and effectively kicking the case to arbitration. Judge Lynn had concluded that the union failed to show there was “anti-union animus” that would have created an exception and allowed the case to proceed in district court.
Gibson Dunn Leads Industry Challenge to FTC ‘Click to Cancel’ Rule
The Fifth Circuit has shown a willingness to invalidate agency actions like the FTC rule being challenged here. In recent years, the court has struck down a variety of rules after finding their implementation ran afoul of either the enacting agency’s authority or the federal Administrative Procedure Act.
The Ghosts of Loper Bright
October was a fitting month for the Court to take up the ghost gun case. After all, the discretion left to an administrative agency after Loper Bright might be as elusive as a spirit in the night.
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