Justice James P. Sullivan wrote the court’s unanimous 8-0 ruling in favor of American Midstream, holding the $6.1 million win for Rainbow Energy Marketing cannot stand. Justice Sullivan explained that when a Harris County trial judge “impermissibly blue-penciled extra words” into the parties’ contract, it caused a “cascade of errors that we now correct.” Justice John P. Devine did not participate in the decision.
SCOTX Reverses Negligence Verdict in Harvey Flooding Case
Chief Justice Jimmy Blacklock highlighted deficiencies in the plaintiffs’ expert testimony on the question of whether a pipe fabrication plant’s drainage system contributed to flooding of 30 homes in Matagorda County.
Judge Ho Expresses ‘Sincere Concerns’ About ‘Disrespect’ Shown to Pres. Trump, Judge Hendrix in Concurrence Slamming Supreme Court
In a seven-page concurrence, Fifth Circuit Judge James C. Ho accused the U.S. Supreme Court of affording “special treatment” to “favored litigants” in a case involving deportation under the Alien Enemies Act. And he stood up for U.S. District Judge James Wesley Hendrix, writing that he had “conducted himself in a reasonable and indeed admirable manner,” calling the U.S. Supreme Court’s criticism of his actions in the underlying case “unwarranted and unfortunate.”
Litigation Roundup: SCOTX Decides Barratry Case
In this edition of Litigation Roundup, a Dallas law firm gets another favorable verdict in a mesothelioma trial against Johnson & Johnson, a federal judge in McAllen hands out prison sentences for participants in a $110 million kickback scheme, and the Texas Supreme Court clarifies the limitations of a state law that prohibits the unlawful solicitation of legal clients.
Jackson Walker Hires Former Texas Supreme Court Chief Justice Nathan Hecht
Retired Texas Supreme Court Chief Justice Nathan Hecht has joined the Dallas-based law firm Jackson Walker as a partner in its Austin office, the firm announced Friday.
Litigation Roundup: SCOTX Vacates Guardianship Divorce Decree
In this edition of Litigation Roundup, a woman whose Lyft driver was convicted of raping her settles a civil lawsuit against the company about a week before trial was to begin in Dallas County, members of a Houston megachurch allege an improper takeover by leadership, and a jury in Austin awards a seven-figure verdict in a revenge porn case.
Lawyer Says Lack of ‘Independent Verification’ to Blame for Nonexistent Case Cites
A lawyer who filed an appellate brief that included four cases the Fifth Court of Appeals could not locate has explained that the culprit is “relying on third-party research without independent verification.”
“This has been a humbling and embarrassing lesson in the importance of verifying every citation at its source,” Heidi Rochon Hafer wrote in a response filed April 20.
Another Case of Missing Cases? Fifth Court of Appeals Wants Clarification
Just six days after telling parties in a separate appeal that the court could not locate a handful of cases cited by the appellant, the Fifth Court of Appeals in Dallas on Wednesday told a man representing himself in a child custody case that it couldn’t locate eight cases he cited.
Justice Jeff Boyd to Retire
Justice Boyd issued a statement that he’ll be leaving the bench “near the end” of the court’s term this summer. “I am honored and blessed to have served on the Texas Supreme Court these past 12 years,” he said. “I’m especially grateful to gov. Rick Perry for appointing me to the court in 2012, to the many Texans who have encouraged, supported, and voted for me though two statewide elections, to my many court and campaign colleagues and coworkers for their friendship and inspiration, and to my wife Jackie and our children for reminding me daily of life’s most important blessings.”
Houston Appellate Court Asked to Revive Winter Storm Uri Market Manipulation Suit
CirclesX Recovery, which describes itself as a software and data analytics company, argues MDL Judge Sylvia Matthews granted a motion to dismiss its lawsuit accusing some of the biggest energy companies of manipulating the natural gas market ahead of the 2021 winter storm, “without any analysis or explanation as to how or in what respect Appellant failed to plead its claims.”
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