The U.S. Court of Appeals for the Fifth Circuit is famously reluctant to grant a mandamus petition. The court recently invoked authority from 1881 as the reason for denial. But last week, a Fifth Circuit panel in a case that received little attention granted mandamus relief as to a finding of an extensive waiver of attorney-client privilege. This Texas Lawbook article explains the case and why it matters.
The Dallas Court of Appeals Tuesday upheld a lower court ruling for Dallas investment firm Highland Capital Management to recover nearly $288 million from Swiss bank Credit Suisse for a real estate deal gone wrong in the run up to the 2008 financial crisis. This Dallas Business Journal report has the details.
A take-nothing arbitration ordered by the Texas Supreme Court effectively ends 10 years of litigation over a storm-damaged condominium project on South Padre Island. The dispute, over insurance coverage after Hurricane Dolly, saw an endorsement of oft-cited arbitration waiver rules. The Texas Lawbook fully explains.
Advances in fracking technology and increased oil prices have helped gain significant production from oil fields once thought to be dry losers. But confusion between regulatory filings and existing oil and gas lease agreements are fueling industry conflicts that need to be resolved by SCOTX. Janet Elliott has the details in The Texas Lawbook.
The State Bar of Texas’ poll of lawyers shows that there are a handful of appellate judges across the state that garner great respect from a large percentage of members of the Texas bar, but the state’s highest court continues to be divisive.
When it comes to relocating utility wires and poles when roadways are widened, the Texas Supreme Court says the old rules are still the rules. Read Janet Elliott’s account of Friday’s decision in The Texas Lawbook.
The Texas Supreme Court is once again considering the issue of damages for mental anguish in a case involving the cremation of a woman who died unexpectedly in 2007. The case, brought by a son who had been living out-of-state, hinges on whether the funeral parlor involved had a special obligation to find him for his approval. Janet Elliott has details of the argument in The Texas Lawbook.
A three-judge panel in Atlanta’s U.S. Court of Appeals for the 11th Circuit has upheld a lower court’s decision to not award damages to a North Texas vulture fund in a contract dispute against BB&T Bank over loans that both financial entities held in a failed Florida real estate project.
Arbitration agreements often have carveouts for types of litigation, such as emergency injunction applications to protect intellectual property. Drafted cleanly, such a provision can save valuable time and resources. Drafted loosely, it can cause procedural delay and uncertainty about the proper place to resolve a dispute. The Fifth Circuit has some suggestions.
An auto accident involving oil field workers in West Texas has raised some potentially important issues of liability and the limits of worker supervision at the Supreme Court of Texas. The Texas Lawbook has details on the oral arguments in Painter v. Amerimex.