Free Speech, Due Process and Trial by Jury
The decision is a high-profile win for Prather, who represents several bookstores and publishers who challenged the law. The case was Prather’s first appearance before the New Orleans-based appeals court.
The Texas Lawbook profiled Prather, who leads Haynes Boone’s media law practice group, in an in-depth article last week. In the article, Prather discussed the bookstore law case and other First Amendment matters that she is championing.
The Texas Supreme Court appeared displeased with the timing of Second Court of Appeals Justice Brian Walker’s challenge to his opponent’s ability to appear on the March primary ballot. Justice Walker is running against incumbent Justice John Devine. In a ruling issued Thursday, the Texas Supreme Court denied mandamus relief, holding that even if Justice Walker promptly brought his challenge, the law requires Justice Devine be given an opportunity to cure any deficiencies in his application. “A timely challenge would advance rather than impede ballot access because it would alert all parties to any deficiencies and enable a candidate to correct them if he could,” the court wrote. “But when a party slumbers on his rights — or, indeed, does not slumber but carefully lies in wait — these principles are not advanced but impaired.”
In two separate cases brought by judicial candidates, the Texas Supreme Court decided Wednesday that case law upholding the importance of giving candidates access to the ballot trumped the challenges trying to limit who voters get to choose from on Election Day.
For 13 years, the University of Texas Board of Regents and IDEXX Laboratories seemed pleased with a royalty deal they inked for certain diagnostic tests used by veterinarians. Then an auditor told UT IDEXX had been underpaying what it owed under the structure of the deal. That finding led to litigation and a $51 million award for UT that was later undone by the Fourteenth Court of Appeals in Houston. The Texas Supreme Court has agreed to determine whether the contract binding the parties is ambiguous.
The owner of a restored vintage Mercedes that was declared salvage by USAA, a decision the company later walked back, argues the insurance giant participates in a wrongful practice of prematurely reporting to the state that it has paid claims. USAA argues the plaintiff should be required to pursue her novel claims as an individual and not on a classwide basis.
The Fifth Circuit Court of Appeals on Monday determined the Commodity Futures Trading Commission employed an “unprecedented interpretation” of a 39-year-old rule when it filed a “novel civil liability suit” against energy futures trading company EOX Holdings and a Houston energy trader that resulted in a $7.5 million penalty.
Issam Abdallah and Abderraouf Alkhawaldeh recently reached a confidential settlement with Mesa Airlines. The two men filed suit after their flight was delayed and subsequently canceled because of what they allege was racial profiling by a flight attendant and pilot. U.S. District Judge Reed O’Connor had tossed the claims against Mesa on summary judgment. The Fifth Circuit revived the lawsuit in October.
The U.S. Court of Appeals for the Fifth Circuit is considering a new certification requirement about the use of generative artificial intelligence. While the proposed rule is thoughtful and well-intentioned, it is largely redundant of existing rules and may invite satellite litigation that interferes with legitimate use of AI to provide quality client service.
Two former clerks for Justice Sandra Day O’Connor — Justin Nelson of Susman Godfrey and Allyson Ho of Gibson, Dunn & Crutcher — spoke to The Lawbook about lasting memories and lessons learned from their time working alongside her at the U.S. Supreme Court. Justice O’Connor, who inspired many women to pursue careers in the law after becoming the first woman appointed to the high court, died Dec. 1 of complications related to dementia and a respiratory illness. Today, her funeral will take place.
The U.S. Court of Appeals for the Fifth Circuit has developed a reputation for divisiveness among its members. But Thursday, Judge Don Willett, Judge Carolyn King and Judge Dana Douglas — three jurists with widely differing judicial leanings — issued a unanimous opinion that highlighted a major injustice, publicly sought a reversal of precedent by the full Fifth Circuit and demonstrated judicial restraint. The case is the story of Erma Wilson, who was falsely accused and wrongly convicted of cocaine possession 22 years ago in Midland.
“Erma Wilson placed her faith in the justice system, trusting she would get due process and a fair trial,” Judge Willett wrote. “Wilson’s faith was misplaced. In Wilson’s trial — and in hundreds of others in Midland County spanning decades — bedrock judicial norms were dishonored.”
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