Free Speech, Due Process and Trial by Jury
A nonprofit news organization seeks documents uncovered during a consulting firm’s investigation into allegations of favoritism in admissions to the University of Texas. Although the report was made public, UT says the underlying documents fall under attorney-client privilege.
If the Texas Legislature wanted the Electric Reliability Council of Texas to be immune from civil lawsuits, it would have passed laws stating so, lawyers representing two large energy companies told the Texas Supreme Court during oral arguments Monday. The justices clearly understood the full stakes of the decision before them. “Are you arguing that ERCOT is too big to fail?” Justice Boyd asked. “In essence, yes,” former Texas Chief Justice Wallace Jefferson, representing ERCOT, answered.
In the first edition of Litigation Roundup in 2023, the City of Dallas has to pay up in a real estate dispute, Exxon Mobil sets its sights on undoing a “windfall tax” the European Union has imposed on energy companies and the Fifth Circuit revives an excessive force case against a cop who punched a man at Hobby Airport.
Just Energy, a Canadian-owned power retailer operating in Texas, must go through state administrative proceedings and state court in Travis County – not federal bankruptcy court – to challenge the record-high rates that the Electric Reliability Council of Texas charged power companies during Winter Storm Uri in February 2021, the U.S. Court of Appeals for the Fifth Circuit ruled Thursday.
If a trucking company gets its way at the Texas Supreme Court, the grief of rich plaintiffs will be worth more in wrongful death damages than the grief of poorer plaintiffs, numerous law professors and a trial attorney interest group argue.
As restrictions imposed during the COVID-19 pandemic were rolled back in 2022, courts across the state went to work adjudicating long-delayed cases. Here, in no particular order, The Texas Lawbook looks back on some of the most significant litigation Texas lawyers handled in 2022.
In sheer numbers, insurance coverage disputes arguably generate more litigation than any other. The American College of Coverage Counsel recently held its annual Insurance Law Symposium at SMU in Dallas to share best practices and explore cutting-edge and emerging issues. Practitioners also addressed two cases on this year's Texas Supreme Court docket.
Gov. Greg Abbott on Tuesday announced that Collin County District Judge Emily Miskel, who lost a bid to get elected to the Fifth Court of Appeals last month, will be assuming an open seat on that court. Miskel has been a judge in Collin County since 2015.
In this week’s edition of litigation roundup, appellate rulings take center stage. The Texas Supreme Court granted review in a tax dispute between Kinder Morgan and a school district and allowed a sex trafficking lawsuit against Salesforce to proceed. In the Fifth Circuit, a former general counsel and staff attorney at a Louisiana college appeal to revive their pay discrimination and retaliation suit.
Five years after first arguing that the False Claims Act Lawsuit against Academy Mortgage Corporation should be dismissed, the Department of Justice publicized the $38.5 million settlement on Wednesday. This lawsuit marked the first time a judge denied the government’s motion to dismiss an FCA suit, presenting an issue of first impression to the Ninth Circuit panel that heard the case. Earlier this month, a case that asks what authority and discretion the government should have to dismiss whistleblower actions was heard by the U.S. Supreme Court.
In this week’s edition of litigation roundup, a team from Norton Rose Fulbright wins dismissal of a lawsuit over a never-realized business acquisition, Oncor wins an appeal in Austin in a suit over the valuation of its transmission lines, and a constitutional challenge to a state law governing transmission lines gets expanded by the Fifth Circuit.
In this week’s edition of litigation roundup, Targa Channelview files its opening brief with the Texas Supreme Court in a long-running $129 million fight with Vitol Americas, Maersk says its not responsible for cargo lost at sea and a former Abraham Watkins’ associate accused of taking files and clients from the firm fires back with an anti-SLAPP dismissal bid.
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