Former Federal Prosecutor Charles Fowler Returns to McKool Smith
Fowler’s experience raising unprecedented constitutional issues in federal courts will enhance McKool Smith’s growing appellate practice, the firm says.
Texas Justices Wrestle with Attorney Fee Recovery in Prompt Payment Act Dispute
The Texas Supreme Court heard oral arguments Wednesday morning on a certified question from the U.S. Court of Appeals for the Fifth Circuit in a dispute that tees up the interpretation of a 2017 amendment to the Texas Prompt Payment of Claims Act. Noting a federal court split on the issue and that only one intermediate appellate court in Texas has addressed the issue, the Fifth Circuit asked: In an action under Chapter 542A of the act, does an insurer’s payment of the full appraisal award plus any possible statutory interest preclude recovery of attorney fees?
SCOTX Ponders Order Shutting Down Stinky Poultry Operations
The appeal involves high-powered lawyers and noxious fumes from East Texas industrial chicken farms. It presents important legal questions arising out of recent Texas Supreme Court decisions on temporary nuisances and permanent equitable relief.
Fifth Circuit Upholds Forest Park Medical Center Convictions
An appellate panel rejects every ground raised by seven convicted defendants in one of the biggest medical fraud cases in Texas history.
Appellate Court Threatens Contempt Proceedings Against Harris County District Judge
Harris County Judge Ursula Hall has until 5 p.m. Monday to rule on a motion that has been pending before her in a foreclosure dispute for three years and five months or the First Court of Appeals has said it will initiate contempt proceedings.
The Use of Scattergrams to Challenge Extreme Verdicts: A Case Study
How trial and appellate courts should review challenges to outsize noneconomic damages awards has been the talk of the Texas bar. With the Texas Supreme Court indicating openness to verdict comparisons, defense counsel should consider, when the facts permit, using visuals such as scattergrams to show that a verdict lies so far outside the norm.
Texas Appellate Experts Preview SCOTX Term
Coming off another cohesive term, the Supreme Court of Texas began its new session hearing arguments this week in a variety of cases. The Texas Lawbook hosted a panel of appellate experts on Tuesday to discuss some of the upcoming cases they are watching and reviewed significant decisions from last term.
Fifth Circuit to IBM in $1.6B BMC Appeal: What Do You Want Us to Do?
U.S. District Judge Gray Miller, who presided over a bench trial, determined in May 2022 that IBM committed fraud in a dispute involving IBM’s removal of BMC’s mainframe products from their largest mutual client, AT&T. The case was argued before the Fifth Circuit Sept. 5.