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.
Family of Ex-SMU Quarterback Sees CTE Case Against NCAA Revived
Roger S. Braugh Sr. played both quarterback and defensive back for the Southern Methodist University football team from 1960 until 1962. He died in March 2019 and an autopsy performed at Boston University showed the cause was stage IV CTE. A Dallas County judge dismissed the suit after agreeing with the NCAA that the two-year deadline to bring the lawsuit had lapsed.
Anti-SLAPP Law’s Automatic Stay Under Fire at Capitol
The Texas Citizens Participation Act has helped media defendants and public advocates fight meritless lawsuits aimed at intimidating them into silence. Now, legislators are reviewing the anti-SLAPP law’s automatic stay of trial proceedings during an interlocutory appeal of a motion to dismiss. Critics of the 2011 law say it is too broadly written, allowing unscrupulous defendants to delay cases that have nothing to do with free speech. The high-stakes battle is playing out at the Capitol where supporters from across the political landscape face off against powerful business interests — with observers wondering if a compromise is possible.
UPDATED: At Justice’s Request, Stephen Hammer Argues First SCOTUS Case
A fourth-year associate in the Dallas office of Gibson, Dunn & Crutcher made his first oral argument at the U.S. Supreme Court on Monday when he defended a ruling by a lower court that neither the U.S. Justice Department nor the defendant in the case believe was correct.
Justices Dig Into Preemption Issue in Boeing, Southwest Airlines Pilots Association Case
The crux of the case is whether the Railway Labor Act preempts the claims brought by SWAPA. Boeing says it does because deciding the case requires interpretation of the collective bargaining agreement between Southwest Airlines and its pilots. SWAPA says the RLA does not preempt its suit because the act only applies to claims between airline carriers and employees, and Boeing is not either of those.
SCOTX Considers Ownership of ‘Produced Water’
Advances in technologies to treat water produced from oil and gas fracking operations has made what was a worthless by-product into a potentially valuable resource. It’s now worth fighting for, as evidenced by arguments in the closely watched case of Cactus Water Services v. Cog Operating.
A $152M Supersedeas Bond in $30.7M Case? Fifth Court of Appeals Hits Pause
The Fifth Court of Appeals this week granted an emergency motion to stay a trial court’s order that would have required Sun Holdings and affiliated companies to post a more than $150 million supersedeas bond before appealing a $30.7 million jury verdict against it.
Chief Justice Jimmy Blacklock Gives His First State of the Judiciary Address
Speaking to members of both chambers at the Texas Capitol Wednesday morning, Chief Justice Jimmy Blacklock launched his speech by asking that lawmakers approve an across-the-board 30 percent increase in pay for judges at all levels. That increase would take Texas from having the 48th lowest paid judiciary to the 31st out of 50 states, he said.