Debate is expected Monday on HB 19, controversial legislation to create a separate system of courts to hear high-dollar business disputes. The bill has emerged as a partisan issue, laments Mark Lanier, a high-profile trial lawyer and Republican donor who opposes the proposal. In other, less contentious, action, the House has voted to increase juror pay and raise the mandatory retirement age for judges.
SCOTX Adopts Broad Rule on Intent to Arbitrate
The Texas Supreme Court decides a closely watched business case by finding that adoption of American Arbitration Association rules in oil and gas leases shows “clear and unmistakable” evidence of intent to arbitrate. A dissenting justice says the ruling will strip courts of power to decide whether a particular dispute falls outside the scope of an agreement to arbitrate.
NDTX Magistrate Irma Ramirez Nominated to Fifth Circuit
A former federal prosecutor in Dallas, Judge Ramirez has served as a federal magistrate in the Northern District of Texas since 2002. In 2016, she was nominated to a NDTX judgeship with the support of both Texas senators, but never received a vote by the Republican-controlled U.S. Senate.
Secured Lenders Beware: Amarillo Court of Appeals Draws Line Between “Disposition” and “Transformation” of Collateral
In a case of first impression in Texas, a divided panel of the Amarillo Court of Appeals recently recognized a key distinction that should be carefully considered by any creditor relying on the PMSI exception — namely, there is a difference between the “disposition” and the “transformation” of collateral.
SCOTX Chief Justice Gives State of Judiciary Address
Chief Justice Nathan Hecht spoke for almost 40 minutes Wednesday, supporting a variety of proposals that he said would increase court efficiencies, the caliber of judges and access to justice. “If the justice system were a business, and its customers had any choice, it would be in bankruptcy,” Hecht said.