Fifth Circuit’s FCC Ruling Ripe for SCOTUS Review

The Fifth Circuit majority zeroed in on the “double-layered delegation” of the authority to set the tax rate for the universal service fund, which is used to subsidize phone and internet services for rural and low-income areas, as well as schools, hospitals and libraries, across the country. With the holding, the conservative Fifth Circuit did what the Sixth, Eleventh and D.C. circuits had declined to do in cases brought by the conservative nonprofit Consumers’ Research against the FCC raising this same issue.

July 26, 2024 Michelle Casady

Boeing Asks Texas Supreme Court for Rehearing in SWAPA Case

Doubling down on an argument that was central in its original petition to the court, The Boeing Company told the Texas Supreme Court in a motion for rehearing filed Wednesday that without intervention, Texas will remain “a national outlier on conflict preemption under the federal Railway Labor Act.” The aerospace company is hoping to bring an end to a lawsuit brought by the Southwest Airlines Pilots Association alleging Boeing’s false representations about the airworthiness of the 737 MAX aircraft cost it millions of dollars.

July 18, 2024 Michelle Casady

Supreme Court of Texas: Which Appeals Courts Fared Best?

The Texas Supreme Court reviewed 96 cases from the state's 14 intermediate appellate courts this past term. Overall, the distribution of outcomes varied, with some courts experiencing a higher rate of affirmations while others saw more reversals or mixed decisions. The Lawbook examined the performance of the appeals courts by the state's highest judicial authority.

July 15, 2024 Michelle Casady

How One Word in TCPA Puts Pro Bono Litigants at a Disadvantage

One little word within the text of the Texas Citizens Participation Act effectively disincentivizes First Amendment lawyers from taking libel and defamation cases on a pro bono basis. Two lawyers who have won dismissal of such lawsuits brought against their pro bono clients spoke to The Lawbook about prospects for a legislative fix this upcoming session.

July 15, 2024 Michelle Casady

On Winter Storm Uri, the Texas Supreme Court and the Public Utilities Commission’s Power to Address Statewide Emergencies

Earlier this summer, the Texas Supreme Court decided two highly publicized, high-stakes cases arising out of Winter Storm Uri. The upshot of Luminant and RWE appear three-fold for the Texas electricity industry.

July 10, 2024 Diana Liebmann & Ryan Pitts

Litigation Roundup: Injunctions Against Federal Agencies Mount

In this edition of Litigation Roundup, we look at the lawyers who helped secure recent rulings barring the federal government from regulating horseracing and from enforcing bans on both noncompete agreements and LNG export approvals.

July 9, 2024 Michelle Casady

Ex-Highland Capital Management CEO Can’t Duck Contempt Finding

James Dondero had appealed to the Fifth Circuit in September 2022, arguing the bankruptcy judge wrongly found him in contempt of a temporary restraining order and awarded compensatory damages to Highland. Judge Leslie H. Southwick wrote that the “minor factual issues” Dondero raised on appeal weren’t enough to undo the sanction. “Undergirding our analysis of the sanctions award here is a recognition of the goal of such awards everywhere: ‘to do rough justice,’” he wrote.

July 2, 2024 Michelle Casady

Litigation Roundup: Primexx Energy Wants Suit Over $788M Sale Tossed

In this edition of Litigation Roundup, we offer an update from the most recent hearing in the lawsuit stemming from the $788 million sale of Primexx Energy, a threatened lawsuit over the death of Congresswoman Eddie Bernice Johnson yields a settlement, and six officers and directors of a Houston-based clinic see an end to a $285 million breach claim.

July 1, 2024 Michelle Casady