Texas Supreme Court to Hear Winstead Malpractice Case

On Friday the Texas Supreme Court granted a petition for review from USA Lending Group that aims to revive a legal malpractice lawsuit it filed against Winstead PC regarding the firm’s in a lawsuit against a former employee. USA Lending sued Winstead after its attorneys failed to request damages in a motion for default judgment, which the company alleges cost it about $1.2 million. The Texas Supreme Court will decide whether the Texas Citizens Participation Act applies to the case.

February 24, 2023 Michelle Casady

Oral Argument Re-Do: Texas Justices Focus on German Automakers’ Conduct in Emissions Scandal Suit

The Texas Supreme Court heard oral arguments in the case for the second time Tuesday, this time with two justices from the intermediate appellate court stepping in for two high court justices who recused themselves. The major issue in the dispute is whether Texas courts have jurisdiction to hear the state’s case against Volkswagen Germany and Audi Germany.

February 21, 2023 Michelle Casady

Baylor Law Dean to Step Down After 31 Years

This summer, Bradley Toben will return to the faculty, where he first began teaching law courses in 1983, following his tenure as the longest-serving dean of any American Bar Association-accredited law school in the country.

February 17, 2023 Michelle Casady

Just Energy Seeks to Join Litigation Against PUC Over Winter Storm Uri Pricing

Retail electric provider Just Energy has asked the Austin Court of Appeals to allow it to join a lawsuit brought by a half-dozen other Texas power suppliers challenging the legality of Texas Public Utility Commission orders increasing the price of electricity during Winter Storm Uri in 2021 by 650 percent.

February 16, 2023 Mark Curriden

‘Call Your First Witness’ – Fifth Circuit to Lawyers in Final Stanford Ponzi Scheme Trial

A three-judge panel of a federal appellate court has rejected a last-ditch effort by three banks to postpone an upcoming trial in which victims in the R. Allen Stanford Ponzi scheme are seeking billions of dollars in damages. The four most powerful words from the lips of a United States district judge are simply, ‘Call your first witness,’ and the veteran presiding judge will so state in a few short days,” the Fifth Circuit stated in the three-page decision.

February 14, 2023 Mark Curriden

Litigation Roundup: Paxton Settles Whistleblower Suit, Houston Attorney Guilty of Obstruction

In this edition of Litigation Roundup, a federal judge finds more flaws in the No Surprises Act, a Houston attorney is found guilty of obstruction of justice and Texas Attorney General Ken Paxton agrees to apologize and pay-up to settle Whistleblower suit.

February 13, 2023 Michelle Casady

Texas Supreme Court Weighs Noneconomic Damages Cap

The state’s high court, minus three justices who recused themselves from the case, heard oral arguments Tuesday in a case that’s being closely watched by the insurance industry, economic and trial lawyer interest groups and law professors. The case presents the court with an opportunity to clarify the proper standard of review for noneconomic damages awards.

February 1, 2023 Michelle Casady

Former Texas Appellate Judge Rejoins Dykema

After eight years on the Dallas Court of Appeals, former justice David Schenck is practicing law at his old law firm. In an interview with The Texas Lawbook, Schenck said Dykema was the only firm he seriously considered.

February 1, 2023 Mark Curriden