Appellate Archives - Page 17 of 72

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.

September 12, 2023 Michelle Casady

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.

September 6, 2023 Todd Smith

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.

September 5, 2023 Michelle Casady

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?

September 5, 2023 Janet Elliott

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.

August 30, 2023 Mark Shoffner & Mason Jones

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.

August 24, 2023 Michelle Casady

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.”

August 15, 2023 Bruce Tomaso

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.

August 15, 2023 David Coale

Litigation Roundup: A $1.2B ‘Revenge Porn’ Verdict, Texas’ Vision Care Law Draws Suit

In this edition of Litigation Roundup, a Houston jury awards a woman $1.2B in a revenge porn case she brought against her ex-boyfriend, the state of Texas is facing another lawsuit over a new law set to go into effect Sept. 1, and McCathern teams up with civil rights lawyer Ben Crump in a suit against Harris County over its treatment of jailed individuals.

August 14, 2023 Michelle Casady

Litigation Roundup: Fifth Circ. Clears Way for 5G Rollout, Impeachment Gag Order Draws Suit

In this edition of Litigation Roundup, mootness ends Surfside Beach property owners’ dispute with the Texas General Land Office in a 2-1 ruling from the Fifth Circuit, a challenge to the Inflation Recovery Act’s medication pricing controls keeps rolling and a conservative activist sues Lt. Gov. Dan Patrick over an impeachment-related gag order.

August 7, 2023 Michelle Casady