In the appellate world, 2019 was an interesting year. The Fifth Circuit and Texas Supreme Court resolved important questions of federal and state law, providing clarity on legal standards and raising new questions to be decided in the coming years. The Fifth Circuit, for example, ruled that the TCPA does not apply in federal diversity cases, refused to limit the scope of attorney immunity and expounded upon the detail required for findings of fact.
The Fifth Circuit’s ruling in the closely-watched constitutional challenge to the Affordable Care Act is more notable for what it does not say than what it does. The 2-1 decision could lead to several different paths going forward. Will the new Trump appointees join forces en banc?
Harry Reasoner grew up on a farm outside San Marcos, milking cows and raising pigs for 4-H competition. At 80, he has had a storied career, representing corporations in some of the biggest trials in history. Clients pay as much as $1,500 an hour for his counsel. Now Reasoner’s two children – Barrett and Macey and the extraordinary courtroom success they’ve had – are making sure that their father’s legacy will continue for many, many years. Meet the Reasoners.
Does Fifth Circuit federal jurisdiction extend to other galaxies? The “God of the Earth Realm” says it does and alleges that U.S. and Louisiana officials are illegally holding the “Atakapa Indian de Creole Nation” in an eternal state of “pupilage.” This is an actual case.
VirnetX Holding’s decade-long patent infringement battle against Apple appears to be closer to a finality. The federal appeals court tossed out two of four patent violations and sent the case back to the Eastern District of Texas to recalculate damages. The Texas Lawbook explains the long and winding road.
Federal prosecutors filed a 179-page brief this week challenging demands for a new trial by seven defendants convicted in the Forest Park Medical Center bribery and kickback scheme. Suffice it to say: they are against any new proceedings. Mark Curriden has the details.
Frank Garrettson Evans, III, retired chief justice of the First Court of Appeals in Houston, Texas died Saturday at his home in Bastrop, Texas. He was 91. Often called the “father of alternative dispute resolution,” Chief Justice Evans is indelibly recorded in history as a pioneer and implementer in the field.
Fort Bend County did not reasonably accommodate an employee’s religious observation when she attended church on a Sunday instead of going to work, a Houston federal jury ruled on Friday.
A new award named after legendary U.S. Supreme Court reporter Tony Mauro recognizing lawyers who zealously advocate for freedom of the press and a more open government goes to an Austin litigation partner who represents numerous news media outlets.
Justice Laura Carter Higley has submitted her resignation to Gov. Greg Abbott, the clerk for the First Court of Appeals confirmed Tuesday. Higley has served on the Houston appellate court since 2002. Her resignation comes days after reports that she was sitting on the bench while diagnosed with Alzheimer’s.