Carl Stewart’s term as chief judge of the New Orleans-based Fifth Circuit Court of Appeals expires at the end of September. In an exclusive interview with The Texas Lawbook, Judge Stewart looks back at seven tumultuous years, his plans for the future, the need to integrate five new appellate judges and what others say his legacy as the Fifth Circuit’s only African-American chief judge will be.
Abbott Appoints Jane Bland to Texas Supreme Court
Former Houston judge and appellate law expert Jane Bland will soon have her third job in nine months: Justice on the Texas Supreme Court. Gov. Abbott announced Monday that he intends to appoint Bland, who is now a partner at V&E in Houston, to the state’s highest court.
Fifth Circuit Slaps Down TCPA Use in Federal Court
The ruling ends substantial confusion in Texas federal courtrooms, where use of the Anti-SLAPP defense varied from judge to judge and court to court. Allen Pusey has the story.
Fifth Circuit Puts Pier 1 Shareholder Suit to Bed
Not only is the decision likely to save the Fort Worth retailer millions of dollars in legal fees, Pier 1 Imports’ legal team says; it frees up Pier 1’s in-house team to focus on something essential: running the business. Natalie Posgate elaborates.
Fifth Circuit: Sachse Police Denied Immunity, Face Jury Trial in 2010 Shooting
Eighteen federal appellate judges. An 11-6-1 split. A majority decision by Judge Patrick Higginbotham. Five separate blistering dissenting opinions. Some dissenters even poke at each other. In all, 75 pages of wisdom from the U.S. Court of Appeals for the Fifth Circuit about qualified immunity. The result: two Sachse police officers will stand trial for allegations that they used excessive force and fabricated evidence in the 2010 shooting of Ryan Cole of Garland.
Appeals Court Awards $4M to PE Firm in Insurance Dispute
In a 36-page ruling, the Dallas Court of Appeals on Monday ruled for a Southlake-based private equity firm that was in a dispute with its insurer after it denied coverage related to a legal battle with one of its ex-execs. Natalie Posgate explains.
Fifth Circuit Hands Win to TX Billionaire for Due Process Violations by Moroccan Court
In addition to the compelling elements the case brings – royal intrigue, a foreign proceeding, a billionaire, and even a death threat – the case involves novel legal issues that any appellate lawyer would gobble up. Natalie Posgate explains.
Fifth Circuit Preserves Constitutionality of Native American Adoption Law
A lower court in Fort Worth had found parts of the decades-old Indian Child Welfare Act unconstitutional, which sparked public outcry from 325 tribes, 21 attorneys general, members of Congress and more. Natalie Posgate analyzes.
It’s Time for Geographic Diversity in SCOTX Appointments
Gov. Abbott will soon make his third appointment in five years to the Texas Supreme Court. Some want him to make diversity a priority. Six of the current eight justices are white, non-Hispanic men. There’s another, more subtle form of diversity that has also, for too long, been overlooked in appointing justices: geographic diversity.
City of Dallas Loses Interlocutory Appeal in Rare Exaction Case
The Dallas Fifth Court of Appeals has ruled in favor of a real estate developer in a rare exaction challenge brought against the City of Dallas over a 10-foot strip of land on Mockingbird Lane in East Dallas.
