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Appellate

Legislature Makes Seismic Shifts on Civil Courts

Lawmakers upended the state’s system of elected district court judges and regional intermediate appellate courts as business interests won a new court system for complex business disputes. The 2023 legislature rejected efforts to cut local governments out of public nuisance suits and weaken the state’s anti-SLAPP statute.

Amici Take Sides in $1.6B IBM, BMC Appeal

Six amicus briefs have been filed with the Fifth Circuit in the case where IBM is trying to undo a $1.6 billion judgment entered against it after a bench trial before U.S. District Judge Gray Miller. BMC had filed a cross appeal in the lawsuit but dropped that fight in April to “simplify and shorten the proceedings.”

Fifth Circuit Seeks SCOTX Input in Flight Attendants’ Boeing Suit

A three-judge panel of the Fifth Circuit has asked the state’s high court to answer two certified questions that will determine if two flight attendants, Marvin Sanders and Matthew Sodrok, can proceed with their suit against Boeing over the alleged malfunction of a smoke detector on one of the company’s planes.

Unprecedented Situation — Creating Case Law for the New Court of Appeals

The Senate has now approved the House’s revisions to the bill that would form the new Fifteenth Court of Appeals for commercial cases. Once the two chambers of the Legislature sign the final version of the bill, the creation of that new court awaits only the governor’s signature.

Before long, that court’s justices will take office and its docket will begin to fill with cases. As a brand new institution, the Fifteenth Court will have no precedent of its own to apply in those cases. With apologies for the pun, that court will face an “unprecedented” situation.

Texas Justices Decline to End Winstead Malpractice Suit

The court unanimously determined that at this stage in proceedings USA Lending Group had presented enough evidence to avoid Winstead’s bid to have the lawsuit tossed under the Texas Citizens Participation Act. Assuming without deciding that the state’s anti-SLAPP law applies to this case, the justices found that USA Lending should be allowed to proceed in the trial court with the suit accusing the firm of failing to request $1.2 million in damages in a motion for default judgment.

15th COA Bill Nears Enactment

Legislation to create a new intermediate appellate court to hear cases involving state government and appeals from new business specialty courts advances as the legislative session starts to wind down.

Litigation Roundup: Investors Sue Blackstone over ‘Rushed’ $788M Sale, SCOTX Decides Arbitration Spat

In this week’s edition of Litigation Roundup, the state of Texas turns to Gibson Dunn & Crutcher to defend it in a long-running lawsuit over the quality of foster care, minority investors in an energy company allege one of the world’s largest hedge funds breached its duties in a rushed $788 million sale, and the Texas Supreme Court clarifies the reach of arbitration provisions.

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