Appellate Archives - Page 19 of 72

Litigation Roundup: Suit Over ‘Rushed’ $788M Sale May Get Axed, SCOTX to Hear Fen-Phen Settlement Case

In this edition of Litigation Roundup, a Texas federal judge threatens to toss a minority investor suit against Blackstone Inc., a Houston boutique notches a PTAB win against Apple, and the Texas Supreme Court agrees to hear a suit stemming from the handling of a fen-phen settlement.

June 19, 2023 Michelle Casady

Fifth Circuit Rejects Houston IP Law Firm’s Suit Against Bank Over PPP Funds

The U.S. Court of Appeals for the Fifth Circuit ruled that a federal judge in Houston correctly rejected Ramey LLP’s claims against Amegy Bank’s parent company, Zions Bancorporation, regarding the bank’s decision to freeze and seize $249,300 related to Ramey’s forgivable loan request under the Paycheck Protection Program.

June 16, 2023 Mark Curriden

All of Paxton’s Men (And Two Women)

Who is representing Texas Attorney General Ken Paxton in all of his various legal battles? The make-up of his defense teams have varied case-to-case, but some attorneys have been retained in almost all of the lawsuits Paxton faces. The Lawbook breaks it down.

June 16, 2023 Michelle Casady

Two Houston Heavyweights Representing Ken Paxton Call Impeachment ‘Baloney’ and ‘Tomfoolery’

At an Austin news conference, lawyers Tony Buzbee and Dan Cogdell promise a protracted fight to acquit the beleaguered attorney general. They also poked fun at the lead impeachment prosecutors, Rusty Hardin and Dick DeGuerin, saying the pair were introduced earlier by the Texas House “like they were the homecoming king and queen.”

June 7, 2023 Bruce Tomaso

Legislature Makes Seismic Shifts on Civil Courts

Lawmakers upended the state’s system of elected district court judges and regional intermediate appellate courts as business interests won a new court system for complex business disputes. The 2023 legislature rejected efforts to cut local governments out of public nuisance suits and weaken the state’s anti-SLAPP statute.

June 2, 2023 Janet Elliott

Amici Take Sides in $1.6B IBM, BMC Appeal

Six amicus briefs have been filed with the Fifth Circuit in the case where IBM is trying to undo a $1.6 billion judgment entered against it after a bench trial before U.S. District Judge Gray Miller. BMC had filed a cross appeal in the lawsuit but dropped that fight in April to “simplify and shorten the proceedings.”

May 31, 2023 Michelle Casady

Fifth Circuit Seeks SCOTX Input in Flight Attendants’ Boeing Suit

A three-judge panel of the Fifth Circuit has asked the state’s high court to answer two certified questions that will determine if two flight attendants, Marvin Sanders and Matthew Sodrok, can proceed with their suit against Boeing over the alleged malfunction of a smoke detector on one of the company’s planes.

May 25, 2023 Michelle Casady

Trucking Co. Werner Can’t Duck $116M Fatal Crash Judgment on Appeal

In an “exceedingly rare” move, as a dissenting justice noted, the case was not first decided by a three-justice panel before the en banc court considered it. The court’s May 18 divided decision generated two dissents and likely set the stage for an appeal to the Texas Supreme Court.

May 24, 2023 Michelle Casady

Litigation Roundup: Kinder Morgan Prevails at SCOTX, LG Chem Does Not

In this edition of Litigation Roundup, Kinder Morgan gets a win at the Texas Supreme Court in a tax fight with a school district, a jury sides with the widow of a NASA astronaut in a probate dispute involving space artifacts, and a Houston company is accused of monopolizing an ERCOT savings program.

May 22, 2023 Michelle Casady

Unprecedented Situation — Creating Case Law for the New Court of Appeals

The Senate has now approved the House’s revisions to the bill that would form the new Fifteenth Court of Appeals for commercial cases. Once the two chambers of the Legislature sign the final version of the bill, the creation of that new court awaits only the governor’s signature.

Before long, that court’s justices will take office and its docket will begin to fill with cases. As a brand new institution, the Fifteenth Court will have no precedent of its own to apply in those cases. With apologies for the pun, that court will face an “unprecedented” situation.

May 21, 2023 David Coale