Free Speech, Due Process and Trial by Jury
The court responded to a call by former justice Scott Brister to clarify standards for a “tag-along” transfer to the existing Salesforce MDL in Harris County. Such direction has been lacking in previous reviews of MDL transfers over the past 20 years, Brister says.
This week a three-justice panel of the Fifth Court of Appeals in Dallas ordered Dallas County District Judge Staci Williams to hold a hearing on a motion to dismiss pending before her that was brought under the Texas Citizens Participation Act. The state’s anti-SLAPP law requires that a hearing on a motion to dismiss take place within 60 days, but Judge Williams’ staff told the relators in this case — who tried six times to get a hearing set — that, while it does its best to accommodate requests for hearings, its docket is “jammed packed” and “there is no way to SQUEEZE your motion into the requested docket.”
A three-judge panel including the chief judge issued a rare reversal of a trial verdict on the grounds of improper jury argument. Two Texas lawyers who resorted to name calling, including one who threw a tissue box at opposing counsel, “employed nearly every category of what we have previously held to be improper closing argument,” the judges wrote.
In this edition of Litigation Roundup, Yelp prevails against the Texas attorney general’s office in a suit that accused the website of violating the Texas Deceptive Trade Practices Act, a Dallas-area law firm represents an insurance company accusing nearly 50 defendants of RICO violations related to New York workers’ compensation benefits, and a split Texas Supreme Court issues a ruling clarifying the tolling period in a healthcare liability claim.
On a recent February morning, Ryan Pitts got his first experience in the Texas Supreme Court, accompanying a colleague who argued the case. That afternoon, Pitts learned a U.S. Fifth Circuit panel handed him a victory in his first-ever appellate argument.
Judge Martin Hoffman dismissed Parkland Health’s claims against 10 of its former nurses who filed a motion for summary judgment. Several more nurses are still fighting the lawsuit. Hoffman said he wants to see how the appeals court justices rule in a similar case now before them.
The Texas Supreme Court on Tuesday entered a stay for the second time in a case that involves the intersection of rules governing civil discovery and federal laws regarding the dissemination of child pornography. In January, the court lifted its first stay in the case and in a 5-4 decision denied Magdoline Elhindi’s petition for writ of mandamus. Tuesday’s stay came amid consideration of Elhindi’s motion for rehearing, which remains pending.
A unique site with exotic wildlife and an event center, the Texas Disposal Systems landfill near Austin is also a dump, its lawyer argues. The landfill is fighting to uphold a 2019 appraisal review board decision that lowered its valuation from $21.7 million to $2.8 million as part of an equal and uniform tax protest. Travis Central Appraisal District says a district court should review the landfill’s fair market value because of a lack of comparable properties.
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