Dallas COA Opinion Highlights How TCPA Framework Can be ‘Undermined’

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.”

March 13, 2024 Michelle Casady

Fifth Circuit Panel Decries ‘Rambo’ Tactics in Reversal, Scathing Opinion

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. 

March 12, 2024 Krista Torralva

Litigation Roundup: SpaceX Wants Full Fifth Circuit to hear NLRB Case

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.

March 11, 2024 Michelle Casady

Haynes Boone Associate Wins First-Ever Appellate Arguments in ‘Whirlwind’ Week

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.

March 4, 2024 Krista Torralva

Dallas Judge Rules Parkland Nurse Training and Employment Contracts Are Invalid 

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.

February 27, 2024 Krista Torralva

SCOTX Again Stays Case Involving Attorney’s Sex Tape, Child Porn Concerns

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.

February 23, 2024 Michelle Casady

Landfill’s Lowered Property Valuation Considered by SCOTX

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.

February 22, 2024 Janet Elliott

How the Changing Law of Chevron Deference Might Affect Texas

In January the U.S. Supreme Court heard oral arguments in two matters that could significantly change how federal courts are to review decisions made by federal agencies. Chevron deference has often allowed federal agencies to “fill gaps” and implement policy decisions where the statute may not be express. However, the issues before the Supreme Court in Loper Bright Enterprises and Relentless, Inc. call the doctrine’s viability into question.     

February 21, 2024 David Terry & Matthew Leopold