In this week’s edition of Litigation Roundup, Pioneer Natural Resources draws suit over its $60 billion Exxon deal, a fight between faculty at MD Anderson spills into court, a jury renders a take-nothing judgment in a personal injury suit that had sought damages in excess of $10 million, and the Fifth Circuit revives a fatal crash suit against Union Pacific.
State Bar Releases Judicial Election Poll Results
The State Bar of Texas recently released the results of a straw poll it conducts every election cycle that asks its members to cast a ballot for the judge or justice of their choice for the various contested races across the state. Here, The Lawbook takes a look at the 2024 results for Texas Supreme Court races, but also compares the results of the 2022 and 2020 straw polls with the results of the general election in an attempt to offer insight into how often the voting members of the bar aligned with the Texas voting public at large.
Fifth Circuit Panel Hears Round 2 Challenge to SEC’s ‘No Admit, No Deny’ Policy
Christopher Novinger, of Mansfield, was before the Fifth Circuit for the second time on Thursday morning seeking relief from a “no admit, no deny” provision in a 2016 settlement agreement he entered with the U.S. Securities and Exchange Commission. In July 2022 a different panel of that court rejected his attempt to free himself from the gag order provision via a Rule 60(b) motion that argued the “no deny” portion of the policy violated his First Amendment and due process rights.
SCOTX to Decide if ‘Emergency Exception’ Bars Family of Slain Bicyclist from Suing Houston
During oral arguments Wednesday, Justices questioned lawyers about the after-the-fact reviews for determining whether police officers act in good faith in rapidly evolving situations and when government immunity ought to apply.
Justices Eye Scienter in State’s $16M Medicaid Fraud Win
The main issue in the case involves whether the state proved scienter — that Dr. Richard Malouf knew he was in violation of the law when he filed forms for reimbursement 1,842 times representing he had performed certain services that were actually performed by trainees at his All Smiles Dental Clinic — which is required for the judgment to stand. After Texas was granted the early win by Travis County District Judge Catherine Mauzy, Malouf appealed and a three-justice panel affirmed the holding in October 2022. He took his fight to the Texas Supreme Court in January 2023, and in November the court agreed to hear the case.
SCOTX Takes 3 Cop Crash Suits This Term
Each term, watchers of the Texas Supreme Court are likely to see the court grant review in a handful of cases interpreting oil and gas leases, or cases requiring them to delineate what constitutes a medical malpractice claim. But this term, the court has taken an interest in something slightly different: three cases involving police crashes and the immunity that typically shields officers from related litigation.
Three Lawyers, Six Texas Justices Take Center Stage in Winter Storm Uri’s Biggest Case
Six Texas Supreme Court justices peppered three lawyers with about two-dozen questions during an hour of oral argument Tuesday morning in an effort to determine whether the state’s Public Utility Commission was within its power to manually set electric rates at $9,000 per megawatt-hour during the four days of Winter Storm Uri in 2021 or if a massive, multibillion-dollar repricing needs to take place.
“The question before this court is a narrow, legal one: Does the plain text of PURA authorize the PUC to order ERCOT to restore competitive scarcity pricing signals to the electricity market and ensure the reliability of the electric grid?” Macey Reasoner Stokes, an appellate partner at Baker Botts in Houston who represents Calpine and Talen Energy, told the state’s highest court. “We submit the answer is a resounding yes.” Lawyers for Luminant disagreed. The Texas Lawbook has the details.