Over the last three years the U.S. Court of Appeals for the Fifth Circuit has sent more certified questions annually to the Texas Supreme Court than it has in decades. The recent increase — five in 2021, six in 2022 and four so far this year — is notable when compared to the average of 1.8 a year the Fifth Circuit had sent for the 24 years prior. Does accepting the questions — a discretionary decision by SCOTX — strain the court’s ability to decide disputes percolating through Texas’ 14 intermediate appellate courts?
Update: Oral Arguments Postponed in Paxton Disciplinary Case
The Fifth Court of Appeals has granted an unopposed request from Ken Paxton to postpone oral arguments in the lawsuit brought against him by the state bar’s Commission for Lawyer Discipline, days after he requested they be delayed until after the conclusion of his impeachment trial.
“The case will be reset for submission in due course,” the court’s order reads.
How SCOTUS ‘Shook the Rails’ on State Court Jurisdiction
The U.S. Supreme Court’s recent ruling in Mallory v. Norfolk Southern has the potential to bring forth the most fundamental shift in jurisdictional case law in decades. The decision opens the doors for new state laws expanding their courts’ jurisdictional reach. Businesses operating in Texas must grapple with this uncertainty and the accompanying risks it presents.
Q&A with the State Bar of Texas President
Cindy V. Tisdale, a partner at Goranson Bain Ausley in Granbury, was sworn in June 22 as the new president of the State Bar of Texas. Tisdale, who practices family law, answered questions from The Lawbook about why she sought to lead the organization and what her goals are.
Q&A With the State Bar of Texas President-Elect
Bracewell partner W. Stephen Benesh was sworn in as president-elect of the State Bar of Texas June 22 during the annual meeting in Austin. He answered questions from The Lawbook about why he wanted to take a leadership role and what his goals are.
Texas Supreme Court: ERCOT is Government Agency, Has Sovereign Immunity
A sharply divided Texas Supreme Court ruled Friday that the Electric Reliability Council of Texas is a government agency and is entitled to sovereign immunity from civil lawsuits. In a highly anticipated decision, the state’s highest court for civil litigation ruled that “because ERCOT performs a ‘uniquely governmental’ function as part of a ‘larger governmental system’, it is an organ of government.”
The decision to declare ERCOT a state agency and grant it immunity directly impacts thousands of wrongful death, personal injury and property damage lawsuits brought by victims of Winter Storm Uri and currently pending in a multidistrict litigation in Harris County District Court. ERCOT is a defendant in nearly all of those cases.
History of the Heavyweights
The Lawbook has pulled together some highlights of past battles won, lost and settled between the four Houston lawyers leading the prosecution and defense in Ken Paxton’s Senate impeachment trial. Dick DeGuerin, Rusty Hardin, Dan Cogdell and Tony Buzbee have all handled blockbuster trials in their legal careers, but here we explore instances where they were involved in the same case.