Appellate Archives - Page 21 of 72

SCOTX Sides with Point Energy in Drilling Deadline Dispute

The Texas Supreme Court rejected MRC Permian’s attempt to invoke a contract’s force majeure clause when it missed a deadline to drill a new well. MRC pointed to a well collapse at a different side for the delay, while Point Energy said MRC simply miscalculated the deadline.

April 21, 2023 Janet Elliott

Backlash to Business Court Bill Unites Litigators from Both Sides of the Docket

A rare alliance between groups representing trial lawyers and defense counsel is raising constitutional questions and other concerns about legislation that would create a new system of trial and appellate courts for high-dollar business disputes. House Bill 19 appears on track for House floor debate as soon as next week.

April 20, 2023 Janet Elliott

Litigation Roundup: Texas Hammer-based Prejudice Claim Tossed, Chevron Beats a Uri Gas Delivery Suit

In this edition of Litigation Roundup: Uvalde police officers lawyer up in the suit over the Robb Elementary shooting; Fifth Circuit determines discussion of “The Texas Hammer,” during jury selection didn’t taint the outcome of a trial and Pappas Restaurants’ fight over losing a $470 million contract heats up.

April 17, 2023 Michelle Casady

Fifth Circuit Nominee Irma Ramirez ‘Devoted to Following the Law’

Irma Jean Carillo was 15 and a sophomore in high school in rural West Texas when she started thinking about becoming a lawyer.

“I refused to take home economics. I took speech and debate instead,” she told the Dallas Bar Association in 2022. “The idea of extemporaneously speaking and debating and getting to argue with the teacher was so much fun. Doing the research and making sure that we prepared the arguments. It was so much fun.”

Four decades later, Irma Carillo Ramirez is a U.S. magistrate in Dallas and likely to soon be the first Hispanic woman to serve on the U.S. Court of Appeals for the Fifth Circuit.

April 16, 2023 Mark Curriden

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.

April 14, 2023 Janet Elliott

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.

April 14, 2023 Mark Curriden

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.

April 6, 2023 Dana Campbell

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.

April 5, 2023 Michelle Casady

Government Reaches $144.5M Proposed Settlement in Sutherland Springs Case

If approved by the court, the settlement would bring an end to litigation brought by more than 75 plaintiffs in the wake of the shooting that left 26 dead.

April 5, 2023 Michelle Casady

Litigation Roundup: SCOTX Sides with Ex-Dallas Cowboy, Llano County Dealt a Book Ban Blow

In this edition of Litigation Roundup, an intermediate appellate court split widens regarding gross negligence claims, sanctions requested by Gibson, Dunn & Crutcher in a fight over unpaid attorney fees are upheld on appeal, and a federal judge undoes one Texas county’s book bans.

April 3, 2023 Michelle Casady