A three-judge panel Wednesday unanimously affirmed an EDTX decision dismissing a case brought by Walmart challenging a federal investigation into widespread irregularities in the distribution of opioids through Walmart pharmacies in Texas and other states. Litigation writer Natalie Posgate has details.
Fifth Circuit to RealPage: Go Phish
A federal appeals court Wednesday held that the Richardson-based property management-software company, a recent victim of a phishing expedition, cannot recover $6 million in stolen funds from its insurer, which affirmed a lower-court ruling that reached the same conclusion.
Dismissal of Winter-Storm Claim Against ERCOT Sidesteps Immunity Question
A state appellate court rejected San Antonio’s claim of exorbitant pricing by ERCOT during Winter Storm Uri, but did not address the key question of whether the operator of the Texas power grid has sovereign immunity from lawsuits.
SCOTUS Grants Review in Texas Dispute Over Sovereign Immunity
In a rare move, the U.S. Supreme Court agreed this week to take a Texas sovereign-immunity case that originated from one of the state appellate courts rather than from the Texas Supreme Court.
Former Dallas Appellate Justice Joins Thompson Coburn
With the move, Douglas Lang will co-chair the St. Louis-based firm’s national appellate practice.
The Latest ‘Bar Wars’ Wrinkles: a Final Judgment and a Cert Petition
As lawyers who oppose mandatory membership in the Texas State Bar ask the U.S. Supreme Court for review of a Fifth Circuit decision, the trial judge in the case has issued a final judgment that may allow the bar to proceed with its plans to comply with the circuit’s holding.
Q&A with Osler McCarthy about Osler, the Texas Supreme Court and the Future of The Texas Lawbook
Osler McCarthy joined The Texas Lawbook last week as the publication’s managing editor and head of appellate law coverage. The Lawbook sat down with McCarthy last week for a Q&A about his decisions to be a journalist and lawyer, including his thoughts about two decades as the Texas Supreme Court’s staff attorney for public information and now his decision to return to journalism.
Texas Lawbook New Managing Editor Osler McCarthy: ‘Let Me Hear From You’
Osler McCarthy has long been top of mind here at The Texas Lawbook. His sage summaries of cases while working alongside the Texas Supreme Court helped cull newsworthy wheat from legal chaff. And now on this, his first day as Managing Editor of The Texas Lawbook, Osler explains what this has done to his plans for retirement, and why he needs your help.
Winter Storm Uri Lawsuits, Two Texas Appeals Courts Wrestle Over ERCOT’s Sovereign Immunity
Scores of wrongful death, personal injury and property damage cases are pending against ERCOT since last February’s crippling winter storm. None of those cases can move forward until the appellate courts decide whether ERCOT is a state governmental agency protected from litigation under the doctrine of sovereign immunity.
Two Texas courts of appeals — the Fourth Court in San Antonio and the Fifth Court in Dallas — recently heard oral arguments from lawyers on both sides of the issue. The Texas Lawbook has the details.
Evan Young’s Journey to Texas Supreme Court
Sworn in Nov. 10 as the next justice of the Supreme Court of Texas, Evan Young hit the ground running. He is immersed in reading briefs to sit for an oral argument soon after Thanksgiving. “It wasn’t so long ago that I was the one who had to prepare for oral argument on the other side of the bench,” Young said in an exclusive Texas Lawbook interview.
Texas Lawbook correspondent Tony Mauro interviewed Young about leaving a $1 million-plus paying partnership at Baker Botts to become a justice and his plans to run for re-election.
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