Appellate Archives - Page 22 of 74

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

Texas Justices Decline to End Winstead Malpractice Suit

The court unanimously determined that at this stage in proceedings USA Lending Group had presented enough evidence to avoid Winstead’s bid to have the lawsuit tossed under the Texas Citizens Participation Act. Assuming without deciding that the state’s anti-SLAPP law applies to this case, the justices found that USA Lending should be allowed to proceed in the trial court with the suit accusing the firm of failing to request $1.2 million in damages in a motion for default judgment.

May 19, 2023 Michelle Casady

15th COA Bill Nears Enactment

Legislation to create a new intermediate appellate court to hear cases involving state government and appeals from new business specialty courts advances as the legislative session starts to wind down.

May 19, 2023 Janet Elliott

Litigation Roundup: Investors Sue Blackstone over ‘Rushed’ $788M Sale, SCOTX Decides Arbitration Spat

In this week’s edition of Litigation Roundup, the state of Texas turns to Gibson Dunn & Crutcher to defend it in a long-running lawsuit over the quality of foster care, minority investors in an energy company allege one of the world’s largest hedge funds breached its duties in a rushed $788 million sale, and the Texas Supreme Court clarifies the reach of arbitration provisions.

May 15, 2023 Michelle Casady

Baker McKenzie’s Nick Kennedy Goes to Washington

Nick Kennedy, a partner in the firm’s Dallas office, recently argued his first case before the U.S. Supreme Court. He sat for an interview with The Lawbook about the experience, the preparation and the possible ramifications of the court’s decision.

May 11, 2023 Michelle Casady

Irving-Based Mining Co. Can’t Recover $48M Mexican Judgment

The ruling is the latest — but surely not the last — in an 11-year litigation war over the operation of a gold mine in Sinaloa, Mexico.

May 9, 2023 Bruce Tomaso

FedEX, Amici Tell 5^th Circ. $365M Punitive Award Can’t Stand

The International Association of Defense Counsel, the Federation of Defense and Corporate Counsel, Airlines for America, the U.S. Chamber of Commerce and Lawyers for Civil Justice all filed amicus briefs in support of FedEx last week. FedEx is fighting a $366 million jury verdict in favor of former employee Jennifer Harris.

May 9, 2023 Michelle Casady

Texas Justices OK State’s Emissions Scandal Suit Against VW, Audi

The case went through two rounds of oral arguments at the state’s high court, saw the voluntary recusal of two justices and the appointment by the governor of two intermediate appellate justices to the case. The ruling will allow Texas to bring its lawsuit against the German automakers alleging they violated state environmental laws via the emissions-cheating software scandal perpetrated by the companies.

May 5, 2023 Michelle Casady