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.
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.
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.
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.
FedEX, Amici Tell 5th 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.
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.
Litigation Roundup: $105M IP Win Reduced to $3 For Austin Co., SCOTX Clarifies Life Insurance Rules
In this edition of Litigation Roundup, a widow asks the Texas Supreme Court to decide that she owns space artifacts that belonged to her astronaut husband, the high court clarifies the contours of when insurers can avoid liability under life insurance policies and a huge win for an Austin company gets undone by a federal judge in Michigan.
Legislature Enters Final Month
Debate is expected Monday on HB 19, controversial legislation to create a separate system of courts to hear high-dollar business disputes. The bill has emerged as a partisan issue, laments Mark Lanier, a high-profile trial lawyer and Republican donor who opposes the proposal. In other, less contentious, action, the House has voted to increase juror pay and raise the mandatory retirement age for judges.
Litigation Roundup: SCOTUS Won’t Hear Big Oil’s Bid to Move Climate Suits, Steptoe to Defend HMS in Sex Assault Suit
In this edition of Litigation Roundup, the U.S. Supreme Court on Monday refused to consider a request from a handful of major oil companies seeking to move climate-related lawsuits filed in state court to federal court and a Dallas County jury recently found that Robert L. Winspear and his business colleague defrauded a finance lender.
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.
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.
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.