Appellate Archives - Page 38 of 71

Houston Appeals Court Declines to Revive Lawsuit Over O’Quinn’s Dead Body

After seven years, a legal fight over the disinterment of famed trial lawyer John O’Quinn’s body has been put to rest in Houston’s First Court of Appeals.

July 14, 2021 Natalie Posgate

When Textualism Divides the Texas Court

In 2015, Elena Kagan famously announced: “We’re all textualists now.” By any reasonable measure, the Texas Supreme Court is often vehemently so. But when it comes to the “plain meaning” of statutory text, even textualists sometimes find different interpretations of the same simple words. Brandon Duke examines one recent SCOTX case — decided by plurality — that reveals the complexity that can dwell behind even the simplest words.

July 14, 2021 Brandon Duke

SCOTX Clarifies Scope of General Contractor’s Duty of Care to Subcontractor Employees

The Texas Supreme Court recently reaffirmed that the typical aspects of the general contractor/subcontractor relationship do not give rise to a duty of care to subcontractor employees. The JLB Builders case, however, is a timely reminder that general contractors who exercise too much control over the manner and means of its subcontractors’ work may find itself on the hook for injury claims brought by subcontractor employees. Cornelius Sweers of Porter Hedges considers the ramifications of the decision.

July 7, 2021 Cornelius Sweers

Fifth Circuit Thrusts Texas Bar into the ‘Bar Wars,’ and the Supreme Court May Take It Up

The blockbuster July 2 ruling that the State Bar of Texas violated the First Amendment rights of some of its members by using mandatory dues to support politically controversial efforts unrelated to the regulation of the legal profession has lawyers wondering whether and when the U.S. Supreme Court might take up the case. But some worry SCOTUS could make it even worse for the bar association. The Texas Lawbook has details.

July 5, 2021 Tony Mauro & Mark Curriden

Fifth Circuit: Some Texas Bar’s Lobbying Efforts Violated Constitutional Rights of Bar Members

The Fifth Circuit decision is a major defeat for progressives in the state bar, but legal experts say the opinion could have been much, much worse. The Texas Lawbook has the full story, including a statement from the state bar’s executive director.

July 2, 2021 Mark Curriden

The SCOTUS Term Just Ended was No Bonanza for Texas

In the U.S. Supreme Court term that just ended, Texas fared…well, poorly. When you lose all three cases you take before the court, there’s probably no better way to characterize the outcome. But all was not lost, reports Tony Mauro, The Lawbook’s Supreme Court correspondent. In his review of the October 2020 term, he found that Texas still has some clout before the court.

July 1, 2021 Tony Mauro

SCOTX Walks Back Demand for PUC Review in Common Law Cases Against Utilities

In 2018 the Supreme Court of Texas established a precedent requiring common law cases involving the operation of utilities, even those involving personal injury, to be reviewed by the Public Utilities Commission before reaching the courts. In three opinions filed since Friday, the court has been recalibrating that requirement. The Lawbook’s Allen Pusey reviews those cases and the issues that caused the court to take a new look at its own precedent.

June 30, 2021 Allen Pusey

SCOTUS Hands a Big Win to the Pipeline Industry By Close, Diverse Vote

In a 5-4 decision the court ruled that New Jersey could not block the use of eminent domain for the interstate PennEast Pipeline. The split, however, revealed more about the court’s current and diverse views on the powers of the states than a liberal versus conservative mindset.

June 29, 2021 Tony Mauro

SCOTX: The World’s Largest Retail Operation Is Not a ‘Seller’

When is a seller not a seller in Texas? When it advertises products online, takes money for them and delivers them to customers, according to the Texas Supreme Court. That opinion was delivered Friday in response to a certified question regarding Amazon.com from the U.S. Fifth Circuit. It was not a unanimous view, as The Lawbook’s Allen Pusey explains.

June 28, 2021 Allen Pusey

SCOTX Reaches ‘Wayback’ To Reject Narrowing of Out-of-State Jurisdiction

Invoking a web archive and a social media page as evidence of “purposeful availment,” the Texas Supreme Court ruled Friday that a Connecticut company could be sued in Texas, despite its claim that it never had any intention of doing business here.

June 25, 2021 Allen Pusey