Two others with intermediate appellate court experience were named to the appellate court by Gov. Abbott, who also announced appointments to the new Austin business court division. The governor still must name judges for business court divisions in Dallas, Fort Worth, Houston and San Antonio. The Texas Lawbook‘s Janet Elliott has the details.
Business Court Applicants Pick Favorite Judges, Disliked Decisions
Answers to the governor’s questionnaire shed some light on the judicial philosophies of some 30 who have applied for the coming business trial and appellate courts. Generally, they like conservatives like Scalia and Thomas and shun SCOTUS decisions on Obamacare and the Chevron deference.
Editor’s note: This article was written in advance of the governor’s announcements Wednesday.
Fifth Circuit Issues Fractured Ruling in Llano Book Ban Case
A divided Fifth Circuit panel has determined the Llano County library must put back in circulation eight of 17 books that had been previously removed because of objections to their contents.
The ruling was issued Thursday in the case brought by seven library system patrons who alleged that county employees’ removal of the books violated their First Amendment right to “access information and ideas.”
SCOTX: Trial Court Must Revisit Order Shutting Down Stinky Poultry Operations
Justices determined that two adjacent chicken farms were a nuisance but said less-drastic remedies to abate the odors are warranted. Agricultural interests are closely following the appeal, which attracted prominent lawyers for Sanderson Farms and its growers.
SCOTUS Sides with Insurer in Asbestos-related Chapter 11 Case
On Thursday, Justice Sonya Sotomayor delivered the 8-0 opinion of the court that held Truck Insurance Exchange should have been allowed to voice its concerns about the terms of a proposed $50 million settlement of thousands of asbestos-related lawsuits because the insurer is a “party in interest” in the dispute. Gibson Dunn’s Allyson Ho argued the case and spoke to The Lawbook about its implications.
Texas Supreme Court Abates Meta Lawsuit in Light of Tentative Settlement
A little more than a week before trial was slated to begin, a settlement has apparently been reached in a case where Texas alleged Meta Platforms, formerly known as Facebook, had unlawfully used the biometric data of Texans without their consent and for commercial use.
5th Circuit Sides With Fired Quitman Police Captain in 1st Amendment Case
In 2019, Terry Bevill sued his former bosses in Wood County, contending they retaliated against him because he supported a change of venue for a friend charged with facilitating the escape of a jail inmate. Bevill, an Oak Cliff native, said in an affidavit that jailer David McGee could not get a fair trial in the East Texas county because of the personal relationships involving the sheriff, the district attorney and the presiding judge in the case.
‘Act of State Doctrine’ Nets Houston Museum a Win in Fight Over 18th Century Painting
In a unanimous 24-page ruling issued Wednesday, the U.S. Court of Appeals for the Fifth Circuit affirmed U.S. District Judge Keith P. Ellison’s April 2023 dismissal of the lawsuit brought by the heirs of Dr. Max Emden against the Museum of Fine Arts, Houston. The lawsuit revolved around who is the rightful owner of a 1764 painting by Bernardo Bellotto called “The Marketplace at Pirna.”
Constitutional Challenge to New Fifteenth Court of Appeals Hits SCOTX
In a petition for a writ of injunction filed with the state’s high court Wednesday afternoon, Dallas County alleges numerous ways the structure of the new court violates the state’s constitution. In June, the Legislature passed and the governor signed into law S.B. 1045, which created the Fifteenth Court of Appeals and granted it exclusive, statewide jurisdiction over certain cases involving the state or state officials. The jurisdiction of the state’s other 14 intermediate appellate courts is tethered to the district and county courts within its geographic region, which Dallas County argues is constitutionally required.
Fifth Circuit Revives Racial Discrimination Suit Against Chili’s Franchisee
In a ruling issued Wednesday that drew a concurrence from two of the three judges on the panel, the Fifth Circuit determined there was a fact issue that should have precluded Chili’s from getting an early win in the lawsuit brought by Sharnez Hager. Hager, who is Black, filed suit alleging the restaurant refused to seat her family at an open table, told her it was reserved for someone else, then sat her white fiancé at the table when he entered the restaurant moments later.
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