How trial and appellate courts should review challenges to outsize noneconomic damages awards has been the talk of the Texas bar. With the Texas Supreme Court indicating openness to verdict comparisons, defense counsel should consider, when the facts permit, using visuals such as scattergrams to show that a verdict lies so far outside the norm.
Texas Enhances Permissive Appeals by Requiring Explanation for Denials and Expanding Supreme Court Review
The Texas Supreme Court has unveiled a change to Texas Rule of Appellate Procedure 28.3 to implement recent legislation requiring the state’s 14 intermediate appellate courts to explain themselves when denying petitions for permissive appeal. The amendment increases the importance of permissive appeals in Texas and will enhance their ability to impact outcomes in civil litigation.
Litigation Roundup: Wells Fargo Asks for Arbitration in Discrimination Class Action, Jerry Jones Assault Case to Proceed
In this edition of Litigation Roundup, Southwest Airlines attorneys are denied a stay of a sanctions order that they undergo religious liberty training, the Texas Supreme Court rejects Jerry Jones’ request to end an assault suit brought by a woman he allegedly forcibly kissed at AT&T Stadium and the Fifth Circuit revives a suit against the Food and Drug Administration over tweets about ivermectin.
Texas Seeks Stay of Federal Court Ruling Against School Book Ban
The fast-moving case is heading to the Fifth Circuit over the First Amendment implications of a new law requiring booksellers to rate material sold to public school libraries. Would Texan Larry McMurtry’s Lonesome Dove and Shakespeare’s Romeo and Juliet be banned for sexual content?
Fifth Circuit Expands Scope of Liability for Title VII Discrimination Claims
Upending nearly 30 years of precedent, the U.S. Court of Appeals for the Fifth Circuit’s recent ruling in Hamilton v. Dallas County makes it easier for employees to challenge perceived workplace discrimination going forward. The resulting uncertainty in the law will likely lead to more lawsuits challenging “non-ultimate” employment decisions based on policies and practices that employees perceive to be discriminatory and fewer grants of motions to dismiss or for summary judgment.
Fifth Circuit Judge Ho Sounds Off on ‘Officials Abusing our Criminal Justice System to Punish Political Adversaries’
In a dissent from a denial of rehearing en banc, Judge James C. Ho pointed to two other recently decided cases to illustrate his argument that First Amendment protections are being eroded for those who live in the Fifth Circuit’s jurisdiction. He decried circuit precedent that has kept free speech cases from making it to trial.
Updated — Appeals Court Upholds Suspension of Dallas Lawyer David Finn Over Alcohol-Fueled Misconduct
An eight-page opinion by a Fifth Circuit panel cites “several instances of inappropriate behavior” by Finn, a former state district judge, including “twice failing to show up for a client’s sentencing hearing.”
Hey Claude, Evaluate This!
Last fall, ChatGPT took the world by storm, allowing millions to experiment with “generative artificial intelligence” through a simple and intuitive interface. ChatGPT’s success drew competitors, one of which is Claude, whose creators claim it can analyze long PDF documents. To see what Claude could do, I uploaded the petitioners’ and respondents’ briefs from Dobbs v. Jackson Women’s Health, the 2022 case that overruled Roe v. Wade.