Texas Supreme Court Term Preview: Key Business Cases
Business cases involving noneconomic damages, force majeure, TCPA, arbitration, class actions, oil and gas, insurance and ERCOT are on the docket at the Texas Supreme Court this term.
HouseCanary, Amrock $740M Trade Secrets Case Heads Back to Trial Court
In a list of orders issued Friday morning, the Texas Supreme Court denied a request for rehearing that HouseCanary lodged on Aug. 4. The real estate analytics startup was asking the court to undo a Fourth Court of Appeals ruling that gave it an ultimatum: submit to a new trial or move for judgment on the jury’s $201 million award tied to a breach of contract claim.
Texas Supreme Court Will Hear ‘Concurrent Causation’ Insurance Dispute
Industry groups argue the burden of proof as to whether property damage is caused by a covered or uncovered cause has erroneously shifted to policyholders when it should be on the insurers. As hurricane season approaches its traditional peak in the state, the Texas Supreme Court will hear oral arguments on Sept. 21 in the dispute that could have major implications for insurance policyholders.
Former SCOTX Justice Eva Guzman Jumps to Houston Litigation Firm
Eva Guzman, who launched a failed bid to unseat Texas Attorney General Ken Paxton after resigning from the court last summer, will start at Wright Close & Barger on Sept. 12.
Texas Supreme Court Accepts ERCOT’s Appeal over Immunity
The Supreme Court of Texas agreed late Friday to hear the two cases brought by electric power companies against the Electric Reliability Council of Texas that involved billions of dollars individually and could impact tens of billions of dollars at stake in thousands of lawsuits related to Winter Storm Uri. The two cases, which are unrelated to each other, are likely to be argued jointly because the same questions are at the heart of both matters: Is ERCOT a division of state government and is it immune from civil lawsuits?
Fifth Circuit Judge Gregg Costa’s Exit Interview: ‘A Monumental Loss’ for the Courts
As Gregg Costa neared graduation at Dartmouth College in 1994, he faced a choice: Follow his dream and go directly to law school or take a couple gap years and get a job. He chose the latter. The decision changed his life forever. Last week, Costa stepped down as a judge on the U.S. Court of Appeals for the Fifth Circuit to return to private practice, stunning nearly everyone in the legal community and left lawyers and judges asking why a 50-year-old just one step away from the U.S. Supreme Court would give up a lifetime appointment.
In an exclusive interview with The Texas Lawbook, Costa said there were a handful of reasons. At 50, he believed he needed a change. The makeup of the Fifth Circuit left the more moderate Costa in the minority on issue after issue. But Costa’s decision to leave the Fifth Circuit – like many of his biggest career choices – can be traced back to Sunflower, Mississippi, an impoverished town of 1,100 and his two years of teaching third and fourth graders.
Photo: Sharon Ferranti
Appellate Partners Preview Texas Supreme Court Cases To Watch This Term
Appellate partners with Alexander Dubose Jefferson, Beck Redden and Haynes and Boone told 180 attendees during a continuing legal education webcast Wednesday about four cases the Texas Supreme Court will hear this term and why they're important.
5th Circuit Weighing Appeals in Forest Park Medical Fraud Convictions
Seven imprisoned defendants, including four physicians, make their case for reversal before appellate court.
Trial Groups Tell Texas Supreme Court Compelled Remote Jury Trial Is Unconstitutional
The Texas Trial Lawyers Association, the Texas Chapters of the American Board of Trial Advocates and the Texas Association of Defense Counsel are all on the same side of the issue: Harris County District Judge Dedra Davis’ remote jury trial order is unconstitutional. Among the issues with the proceedings, the amici argued there’s been no effort to ensure the pool of potential jurors have access to technology necessary to participate, artificially limiting the diversity of the panel.
Appellate Roundup: Exxon Loses Fight For $1.5B Tax Refund, Prank Mail Emotional Distress Suit Tossed And More
This edition of the appellate roundup features a reference to "occult mysteries" in Exxon's $1.5B tax dispute, the dismissal of an emotional distress lawsuit stemming from a gag gift and more.
Texas Panel Tosses Al Hill III’s Suit Against Prominent Dallas Litigators
The First Court of Appeals on Tuesday issued an opinion affirming a trial court’s dismissal of malicious prosecution and derivative claims against Lisa Blue, Stephen Malouf, Charla Aldous, Mike Lynn and Jeff Tillotson. It wasn’t clear Tuesday whether Hill III would take the long-running fight to the Texas Supreme Court.
Abortion, Texas Republicans and the Slaughterhouse Cases: A Collision Ahead
Despite the recent threats of conservative lawmakers to impose civil and criminal penalties on Texas residents seeking an abortion in another state, the privileges-or-immunities clause and the dormant commerce clause can protect interstate travel for those parties. But will they given the current makeup of the federal courts?