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Appellate

Texas Panel Says State Law Bars El Paso Conspiracy Suit in Cross-Border Dispute

The case turned on whether Texas or Mexico law applied to the issue of res judicata, which precludes parties from relitigating disputes once there’s been a final judgment on the merits. The Eighth Court of Appeals, in a 2-1 opinion, determined the trial court gets to decide which law applies and it was not incorrect in determining the litigation of a related suit in Juarez, Mexico, barred this one in El Paso under Texas law.

Michelle Casady

Justice Boyd Leaves a Legacy of Judicial Restraint

After more than a dozen years on the Texas Supreme Court, Justice Jeff Boyd is leaving his spacious office and balcony where the justices decompressed after sometimes-heated case conferences. The author of 72 majority opinions and 62 dissents is considering how he can educate the public about the need for judicial independence in an era of extreme political polarization. He reflected on his role as the court’s chief dissenter in a recent interview with The Texas Lawbook.

Janet Elliott

Hunton AK Adds New Leader of Appellate Practice

Longtime appellate practitioner joins Hunton Andrews Kurth’s Austin office to lead the firm’s state appellate practice. Ryan Clinton brings experience from the Texas Attorney General’s Office and private practice.

Alexa Shrake

A Statistical Review of the 2024–2025 SCOTX Term

The Texas Supreme Court heard arguments in 63 cases and issued decisions in 62 of those cases during the past term. Those cases ranged from the typical cases the state's highest court hears each year — petitions for review arising from the state courts of appeals, a handful of certified questions from the U.S. Court of Appeals for the Fifth Circuit and a few mandamus petitions — to a few cases in less common procedural postures, like an appeal from the Board of Disciplinary Appeals and a direct appeal from a trial court. One of the first questions clients often ask when seeking to reverse or defend a decision at the Texas Supreme Court is, “What are my odds?”

Allyson N. Ho, Elizabeth A. Kiernan & Catherine Frappier

Fifth Circuit Panel Says National Labor Relations Board’s Structure is Likely Unconstitutional

Three federal district courts in Texas saw their judgments affirmed by the U.S. Court of Appeals for the Fifth Circuit Tuesday. The Fifth Circuit determined the district courts did not abuse their discretion in granting preliminary injunctions for SpaceX, Energy Transfer and Findhelp halting administrative proceedings before the NLRB while they pursue constitutional challenges to the agency’s structure.

Alexa Shrake

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