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Appellate

New UT Law Grads Make Courtroom Debut in Federal Appeals Arguments

In their career debuts, two newly minted University of Texas law school graduates and incoming Kirkland & Ellis associates faced pointed judicial questioning from the U.S. Court of Appeals for the Fifth Circuit in a prison conditions case. Gabrielle Olubanke Howells and Lizeth Badillo Garcia spoke with The Texas Lawbook about rising to the rare occasion of presenting oral arguments in a federal appeals case before even taking the bar exam. 

SCOTUS to Consider Chevron Removal Case

In April, a Louisiana state jury decided that Houston-based Chevron Corp. owes Plaquemines Parish $740 million for harm done to the local coastal environment by Chevron and its corporate predecessors during oil and gas exploration more than seven decades ago.

On Thursday (May 29), the U.S. Supreme Court is scheduled to consider a grant of certiorari for an argument by Chevron and other oil companies that the case shouldn’t have been heard by a state court in the first place. The Texas Lawbook backgrounds the case.

SCOTX Sides with American Midstream, Reverses Rainbow Energy Marketing’s $6.1M Win

Justice James P. Sullivan wrote the court’s unanimous 8-0 ruling in favor of American Midstream, holding the $6.1 million win for Rainbow Energy Marketing cannot stand. Justice Sullivan explained that when a Harris County trial judge “impermissibly blue-penciled extra words” into the parties’ contract, it caused a “cascade of errors that we now correct.” Justice John P. Devine did not participate in the decision.

Judge Ho Expresses ‘Sincere Concerns’ About ‘Disrespect’ Shown to Pres. Trump, Judge Hendrix in Concurrence Slamming Supreme Court

In a seven-page concurrence, Fifth Circuit Judge James C. Ho accused the U.S. Supreme Court of affording “special treatment” to “favored litigants” in a case involving deportation under the Alien Enemies Act. And he stood up for U.S. District Judge James Wesley Hendrix, writing that he had “conducted himself in a reasonable and indeed admirable manner,” calling the U.S. Supreme Court’s criticism of his actions in the underlying case “unwarranted and unfortunate.”

Litigation Roundup: SCOTX Decides Barratry Case 

In this edition of Litigation Roundup, a Dallas law firm gets another favorable verdict in a mesothelioma trial against Johnson & Johnson, a federal judge in McAllen hands out prison sentences for participants in a $110 million kickback scheme, and the Texas Supreme Court clarifies the limitations of a state law that prohibits the unlawful solicitation of legal clients.

Litigation Roundup: SCOTX Vacates Guardianship Divorce Decree

In this edition of Litigation Roundup, a woman whose Lyft driver was convicted of raping her settles a civil lawsuit against the company about a week before trial was to begin in Dallas County, members of a Houston megachurch allege an improper takeover by leadership, and a jury in Austin awards a seven-figure verdict in a revenge porn case.

Lawyer Says Lack of ‘Independent Verification’ to Blame for Nonexistent Case Cites

A lawyer who filed an appellate brief that included four cases the Fifth Court of Appeals could not locate has explained that the culprit is “relying on third-party research without independent verification.”

“This has been a humbling and embarrassing lesson in the importance of verifying every citation at its source,” Heidi Rochon Hafer wrote in a response filed April 20.

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