Free Speech, Due Process and Trial by Jury
Chief Judge Jennifer Walker Elrod is the first former trial judge to lead the Fifth Circuit in decades. Colleagues on the court, and those who have practiced before her and volunteered alongside her, shared their insights about the jurist with The Texas Lawbook in interviews this week.
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.
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.
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.
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.”
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.
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.
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)
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