Appellate Archives - Page 24 of 73

Baylor Law Dean to Step Down After 31 Years

This summer, Bradley Toben will return to the faculty, where he first began teaching law courses in 1983, following his tenure as the longest-serving dean of any American Bar Association-accredited law school in the country.

February 17, 2023 Michelle Casady

Just Energy Seeks to Join Litigation Against PUC Over Winter Storm Uri Pricing

Retail electric provider Just Energy has asked the Austin Court of Appeals to allow it to join a lawsuit brought by a half-dozen other Texas power suppliers challenging the legality of Texas Public Utility Commission orders increasing the price of electricity during Winter Storm Uri in 2021 by 650 percent.

February 16, 2023 Mark Curriden

‘Call Your First Witness’ – Fifth Circuit to Lawyers in Final Stanford Ponzi Scheme Trial

A three-judge panel of a federal appellate court has rejected a last-ditch effort by three banks to postpone an upcoming trial in which victims in the R. Allen Stanford Ponzi scheme are seeking billions of dollars in damages. The four most powerful words from the lips of a United States district judge are simply, ‘Call your first witness,’ and the veteran presiding judge will so state in a few short days,” the Fifth Circuit stated in the three-page decision.

February 14, 2023 Mark Curriden

Litigation Roundup: Paxton Settles Whistleblower Suit, Houston Attorney Guilty of Obstruction

In this edition of Litigation Roundup, a federal judge finds more flaws in the No Surprises Act, a Houston attorney is found guilty of obstruction of justice and Texas Attorney General Ken Paxton agrees to apologize and pay-up to settle Whistleblower suit.

February 13, 2023 Michelle Casady

Texas Supreme Court Weighs Noneconomic Damages Cap

The state’s high court, minus three justices who recused themselves from the case, heard oral arguments Tuesday in a case that’s being closely watched by the insurance industry, economic and trial lawyer interest groups and law professors. The case presents the court with an opportunity to clarify the proper standard of review for noneconomic damages awards.

February 1, 2023 Michelle Casady

Former Texas Appellate Judge Rejoins Dykema

After eight years on the Dallas Court of Appeals, former justice David Schenck is practicing law at his old law firm. In an interview with The Texas Lawbook, Schenck said Dykema was the only firm he seriously considered.

February 1, 2023 Mark Curriden

Lawmakers to Consider Ending Mandatory Judicial Retirement Age

Currently, judges and justices in Texas are required by the state’s constitution to retire at age 75 in most instances. A legislator from Angleton has authored a resolution that would give voters an opportunity to amend the constitution and do away with that requirement.

January 27, 2023 Michelle Casady

Parties Nearing Settlement in $352M Injury Case

Allied Aviation and Ulysses Cruz filed a brief this week with the First Court of Appeals in Houston explaining they are close to finalizing a mediated settlement in the personal injury lawsuit and seeking an abatement of the appeal.

January 24, 2023 Michelle Casady

Appellate 2022 Year in Review: SCOTX and the Fifth Circuit

The Fifth Circuit and Texas Supreme Court.issued important precedents in 2022. The Fifth Circuit clarified the standard for a conditional-refusal-to-deal theory under Section 2 of the Sherman Act, established that arbitration rules incorporated into an arbitration agreement control the question of whether arbitration happened and sent a clear signal that the Seventh Amendment attaches to traditionally common-law prosecutions. The Texas Supreme Court provided guidance on the scope of a waiver of claims in a settlement agreement, clarified substantial compliance with contractual notice provisions, rejected informal fiduciary duties to an individual shareholder in a closely held corporation and narrowed the availability of consequential damages. This article examines those and other rulings of significance by the appellate courts.

January 23, 2023 Ben Mesches & Chance Fletcher

Litigation Roundup: AT&T Hit With $166M Patent Infringement Verdict, Texas Med Schools Sued Over Affirmative Action Practices

In this edition of Litigation Roundup, a team from Susman Godfrey secures a $166 million patent win against AT&T and Nokia, the Texas Supreme Court sides with insurance companies in a dispute brought by emergency room doctors over out-of-network reimbursement payments and the Fifth Circuit chides an attorney’s litigation tactic.

January 17, 2023 Michelle Casady