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Appellate

Lawyer for Foster Care Children Will Appeal Fifth Circuit Rejection

The lead lawyer for tens of thousands of foster care children in Texas said Sunday that he will appeal a decision handed down Friday by a federal appeals court removing the federal judge who has overseen the litigation for 13 years and whose orders have forced Texas officials to greatly improve how they investigate accusations of abuse in the state’s foster care system.

Houston trial lawyer Paul Yetter told The Texas Lawbook in an interview Sunday that he believes the opinion by the three-judge panel of the U.S. Court of Appeals for the Fifth Circuit focuses too much on procedure and not enough on specific evidence involving dozens of mentally challenged and disabled children in the foster care system who remain in serious danger because of the lack of attention from Texas officials.

Fifth Circuit Reverses Sanctions Against Texas in Foster Care Case, Removes Trial Judge

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a decision issued late Friday blasted the federal trial judge overseeing the litigation over the allegedly disgraceful conditions of the Texas foster care system for telling lawyers for the state of Texas that “doesn’t hurt” for state officials to “go over and above the minimum standards for protecting Texas children. The federal appeals court panel said that U.S. District Judge Janis Jack has made courtroom remarks that “implied bias” that “raise serious questions concerning … the appearance of justice.”

SCOTX Scrutinizes Reach of Texas Civil Barratry Law

Allegations that two Texas lawyers should be held liable for solicitations that occurred in Louisiana and Arkansas put a spotlight on the unique Texas civil barratry law. The plaintiffs argue that the financing and directing of the scheme occurred in Texas. The lawyers say the lawsuit cannot overcome the presumption against extraterritoriality.

OAG Alumnus Justice Blacklock Rips Texas’ Briefing in State Fair Gun Ban Case

Justice Jimmy Blacklock, who, prior to his appointment to the Texas Supreme Court in 2018, formerly served as the general counsel to Gov. Greg Abbott and before that as an attorney in the Office of the Attorney General, did not hold back on his view that briefing from Texas was insufficient to secure the relief that was sought. The five-page concurrence issued Thursday stands out both for its tone and because of its author.

PlainsCapital’s $50M+ Lawsuit Won’t be Heard by Fifteenth COA

In a one-sentence order issued Wednesday, the Texas Supreme Court denied a request from PlainsCapital Bank to move its appeal from the Fifth court of Appeals in Dallas to the newly created Fifteenth Court of Appeals in Austin. The bank had argued the state’s high court should grant the permissive transfer because the case is “extraordinarily important to the business community.”

Texas Appeals Ruling Upholding State Fair’s Gun Ban to Fifteenth COA

The Fifteenth Court of Appeals, which opened and began accepting cases Sept. 1, will be tasked with determining whether Dallas County District Judge Emily Tobolowsky got it right when she rejected Texas’ request to halt a ban on guns at the State Fair. Texas has argued it pursued litigation to protect citizens’ gun rights. The defendants argue this case is actually about property rights.

PlainsCapital Bank Wants $50M+ Lawsuit Transferred to 15th COA, Guarantors Do Not

A main point of contention in the briefing is whether the dispute centers on a bank loan — which would deprive the Fifteenth Court of Appeals of exclusive jurisdiction over the case under Texas Government Code section 25A.001(14) — or if it centers instead on a guaranty agreement. In the underlying case, parties on both sides of the dispute claim to have been the victims of a Ponzi scheme.

Wallace Jefferson Reveals Clues to His Improbable Journey

The history-making justice and chief justice of the Texas Supreme Court recounts his personal and family history at a ceremony unveiling his portrait. The great-great-great grandson of a once enslaved man who served on the Waco City Council during Reconstruction, Jefferson remembers ancestor Shedrick Willis along with the judge who once held Willis in bondage but later joined him in guiding Waco into a new era. (Photo by Mark Matson)

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