A three-judge panel heard oral arguments Tuesday in a contentious noncompete dispute that is currently deadlocked in an interlocutory Texas Citizens Participation Act battle. Although, a new bill passed by the Texas House might make the debate irrelevant soon. Natalie Posgate has the details.
SCOTX Dismisses Defamation Suit Against DMN, Kevin Krause
The Supreme Court of Texas has tossed out a defamation lawsuit against the Dallas Morning News, reversing two lower courts that declined to do so despite it involving a situation that the Texas Citizens Participation Act was actually designed to protect a media outlet in.
SCOTX Rules In Oyster Case
The Texas Supreme Court has ended part of a long-running inter-governmental battle over a coastal navigation district’s exclusive lease with an oyster-farming business; the rest, not so much. The case, which began in 2014, will continue, but with one less party. The Texas Lawbook has the story.
Fifth Circuit Tosses Bulk of $21M Latitude Solutions Judgment
A three-judge panel at the U.S. Court of Appeals for the Fifth Circuit has tossed all but $400,000 of a $21 million judgment against key players in the now-bankrupt Fort Worth-based company, Latitude Solutions Incorporated, which included Paul Mitchell and The Patrón Spirits Company co-founder John Paul DeJoria.
The court said trial evidence was insufficient to support the bankruptcy trustee’s contention of a “pump and dump” stock scheme. Natalie Posgate has more.
SCOTX Blasts Texas Agency For Misrepresenting Rules
Citing a state agency’s misrepresentation of its own procedures, the Texas Supreme Court Friday reinstated the administrative appeal of a group home employee who was about to be placed on a state misconduct register. The per curiam opinion was bold, even acerbic, and included a reference to Animal House. Allen Pusey explains.
Mandamus in the Fifth Circuit: An Extraordinary Remedy, Except When It Isn’t
Mandamus petitioners are supposedly unwelcome visitors in the federal courts of appeal. Although the U.S. Court of Appeals for the Fifth Circuit has echoed that mantra, contemporary mandamus practice suggests a gap between the “law in the books” and the “law in action.”
Settling Questions of Interpretation in James Miles v. Texas Central Railroad
Texas Central is working on bringing the first ever high speed rail to North America. Craig Enoch, retired Texas Supreme Court Justice and Enoch Kever member, argues why Texas Central has the authority to enact eminent domain on a piece of property because of its legal status as a railroad.
Jackson Walker, The Pettit Law Firm Pick Up Former Texas Appellate Justices
Alumni of the Texas appellate courts in Dallas and Houston are on the move.
Fifth Circuit: ‘I’d Be Embarrassed to Take the Position You’re Taking in This Case’
A Fifth Circuit panel including Judge Jerry Smith unleashed scathing comments toward a party that appealed an $18 million arbitration award. Then the panel ruled the same day. This is the story.
Threats of Grievance Action Against Opposing Counsel During Trial Can Violate Disciplinary Rules
An appeals court in Houston has ruled a lawyer who threatens to file a grievance against opposing counsel during a trial in order to get an advantage in the litigation is committing an ethics violation.
