Appellate Archives - Page 33 of 72

Texas Appeals Court Hears Arguments on Legality of $9,000 Electric Rates During Winter Storm Uri

The Texas Public Utility Commission’s February 2021 emergency rules allowing an increase in electric rates to $9,000 per megawatt hour in response to Winter Storm Uri were “invalid and ineffective” and “wreaked havoc” on the state’s power system, lawyers representing several large energy companies told a Texas appeals court Wednesday. A decision by the Austin Court of Appeals could impact the efforts by more than a dozen electric providers challenging billions of dollars in ERCOT invoices.

April 27, 2022 Mark Curriden

All-Women Slate of Appellate Advocates to Argue Historic Winter Storm Uri Case

Lawyers for some of Texas’ largest energy companies and their government regulators are scheduled to argue one of the most important cases resulting from Winter Storm Uri last year and the line-up includes some of the most prominent women appellate experts in Texas. The question is whether the Texas Public Utility Commission illegally adopted rules during the historic storm that allowed the Electric Reliability Council of Texas to increase the price of electricity 650 percent for nearly a week. Billions of dollars for several major energy companies are at stake.

April 26, 2022 Mark Curriden

Former Texas SG Kyle Hawkins Exits Gibson Dunn for Lehotsky Keller Litigation Boutique

Former Texas solicitor general Kyle Hawkins is joining the litigation boutique Lehotsky Keller as head of its Texas appellate practice group. As Texas SG Hawkins argued four times before the U.S. Supreme Court. Hawkins had been with Gibson Dunn since he left as solicitor general last year.

April 25, 2022 Tony Mauro

SCOTUS Denies Review in the Dallas Death Penalty Case of Kristopher Love

The U.S. Supreme Court’s liberal justices on Monday criticized their colleagues and the Texas Court of Criminal Appeals for the handling of the long-running death-penalty case.

April 18, 2022 Tony Mauro

Houston Appeals Court Reverses Multimillion-Dollar Arbitration Award

Houston’s 14th Court of Appeals has reversed a $7 million arbitration award in an attorney-fees dispute because the arbitrator failed to disclose he had been an expert witness in litigation involving the party who selected a list of arbitrators. The court found the nondisclosure constituted “evident partiality” under Texas law.

April 15, 2022 Osler McCarthy

SCOTX, Fifth Circuit Chiefs to Marry

Court officials say it is the first time in U.S. history when a chief judge of a federal appeals court and a state supreme court chief justice have married.

April 4, 2022 Mark Curriden & Osler McCarthy

SCOTUS Calls a Halt to ‘War’ Against Texas Bar Mandatory Dues

The Supreme Court also denied certiorari Monday in two mandatory bar cases – one from Michigan and the other from Oklahoma. The actions may slow the momentum of nationwide “bar wars,” but other challenges could be likely.

April 4, 2022 Tony Mauro

Texas Supreme Court Gives Plaintiffs Another Shot at a Chick-fil-A at the San Antonio Airport

Plaintiffs, objecting to the San Antonio City Council’s rejection of the restaurant chain’s location inside a San Antonio International Airport concourse, sued under a state law the Texas Legislature specially passed missed a point – the law was not retroactive. But the council’s action came well before the Legislature’s. The Supreme Court sent the case back to the trial court to allow repleading to establish jurisdictional facts – and maybe give the plaintiffs another bite at a chicken sandwich.

April 1, 2022 Osler McCarthy

Southwest Airlines Brings Its Baggage to the Supreme Court

At issue is a decades-long dispute over the meaning of a clause in the FAA. Lawyers for the Dallas-based airline go before the U.S. Supreme Court on Monday to assert that its baggage loaders and supervisors can be required to undergo arbitration when they file employment complaints.

March 27, 2022 Tony Mauro

Oil Exporter’s Oil-Spill Fund Payment an ‘Unconstitutional Export Tax,’ Court Holds. But the Decision Goes Without Precedent

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has decided that payments by oil exporters into an oil-spill remediation fund are unconstitutional export taxes. But the holding held not so much because one judge concurred only in the judgment and one dissented, evidently robbing the decision of precedential value.

March 25, 2022 Osler McCarthy