Texas Supreme Court Term Preview — Key Business Cases
The Supreme Court of Texas has completed its first week of oral arguments of the 2024-25 term. Here is a preview of key business cases currently on the Court’s argument docket.
SCOTX Scrutinizes Reach of Texas Civil Barratry Law
Allegations that two Texas lawyers should be held liable for solicitations that occurred in Louisiana and Arkansas put a spotlight on the unique Texas civil barratry law. The plaintiffs argue that the financing and directing of the scheme occurred in Texas. The lawyers say the lawsuit cannot overcome the presumption against extraterritoriality.
OAG Alumnus Justice Blacklock Rips Texas’ Briefing in State Fair Gun Ban Case
Justice Jimmy Blacklock, who, prior to his appointment to the Texas Supreme Court in 2018, formerly served as the general counsel to Gov. Greg Abbott and before that as an attorney in the Office of the Attorney General, did not hold back on his view that briefing from Texas was insufficient to secure the relief that was sought. The five-page concurrence issued Thursday stands out both for its tone and because of its author.
PlainsCapital’s $50M+ Lawsuit Won’t be Heard by Fifteenth COA
In a one-sentence order issued Wednesday, the Texas Supreme Court denied a request from PlainsCapital Bank to move its appeal from the Fifth court of Appeals in Dallas to the newly created Fifteenth Court of Appeals in Austin. The bank had argued the state’s high court should grant the permissive transfer because the case is “extraordinarily important to the business community.”
Texas Appeals Ruling Upholding State Fair’s Gun Ban to Fifteenth COA
The Fifteenth Court of Appeals, which opened and began accepting cases Sept. 1, will be tasked with determining whether Dallas County District Judge Emily Tobolowsky got it right when she rejected Texas’ request to halt a ban on guns at the State Fair. Texas has argued it pursued litigation to protect citizens’ gun rights. The defendants argue this case is actually about property rights.
PlainsCapital Bank Wants $50M+ Lawsuit Transferred to 15th COA, Guarantors Do Not
A main point of contention in the briefing is whether the dispute centers on a bank loan — which would deprive the Fifteenth Court of Appeals of exclusive jurisdiction over the case under Texas Government Code section 25A.001(14) — or if it centers instead on a guaranty agreement. In the underlying case, parties on both sides of the dispute claim to have been the victims of a Ponzi scheme.
Wallace Jefferson Reveals Clues to His Improbable Journey
The history-making justice and chief justice of the Texas Supreme Court recounts his personal and family history at a ceremony unveiling his portrait. The great-great-great grandson of a once enslaved man who served on the Waco City Council during Reconstruction, Jefferson remembers ancestor Shedrick Willis along with the judge who once held Willis in bondage but later joined him in guiding Waco into a new era. (Photo by Mark Matson)
SCOTX Hears Guardianship Divorce Case to Open Term
The $32 million estate of wealthy Laredo lawyer and businessman Carlos Benavides is at the center of the battle over a divorce initiated by his daughter and guardian. His fourth wife argues that her challenge to the divorce decree was not mooted by Benavides’ death amidst the appeal and that Texas law does not allow a guardian to petition for divorce on behalf of a ward. The daughter says that spousal lack of care for her mentally incapacitated father caused her to remove Benavides from his marital home. The Supreme Court this week is hearing other high-profile cases involving police immunity, defamation and professional discipline over a filing contesting the 2020 election.