Fowler’s experience raising unprecedented constitutional issues in federal courts will enhance McKool Smith’s growing appellate practice, the firm says.
Fifth Circuit Upholds Forest Park Medical Center Convictions
An appellate panel rejects every ground raised by seven convicted defendants in one of the biggest medical fraud cases in Texas history.
Appellate Court Threatens Contempt Proceedings Against Harris County District Judge
Harris County Judge Ursula Hall has until 5 p.m. Monday to rule on a motion that has been pending before her in a foreclosure dispute for three years and five months or the First Court of Appeals has said it will initiate contempt proceedings.
The Use of Scattergrams to Challenge Extreme Verdicts: A Case Study
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 Appellate Experts Preview SCOTX Term
Coming off another cohesive term, the Supreme Court of Texas began its new session hearing arguments this week in a variety of cases. The Texas Lawbook hosted a panel of appellate experts on Tuesday to discuss some of the upcoming cases they are watching and reviewed significant decisions from last term.
Fifth Circuit to IBM in $1.6B BMC Appeal: What Do You Want Us to Do?
U.S. District Judge Gray Miller, who presided over a bench trial, determined in May 2022 that IBM committed fraud in a dispute involving IBM’s removal of BMC’s mainframe products from their largest mutual client, AT&T. The case was argued before the Fifth Circuit Sept. 5.
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.