Former NDTX Appellate Chief Joins Paul Hastings
Stephen Gilstrap, a six-year veteran of the U.S. attorney’s office, joins roughly 2 dozen lawyers who have left since the start of the year.
Asked & Answered with Haynes Boone’s Catherine Robb: Fighting for the First Amendment & Family Legacy
In this edition of Asked & Answered, Haynes Boone counsel Catherine Robb talks about media defamation cases and what drew her to a First Amendment practice. Robb also discusses her family’s legacy and what she hopes hers is.
Application of the Economic Loss Rule in Texas
The economic loss rule provides a limitation on damages in cases alleging both breach of contract and certain other causes of action sounding in tort, by precluding a party’s recovery of damages when the only economic loss is the subject matter of the contract. In operation, the rule "restricts contracting parties to contractual remedies for those economic losses associated with the relationship, even when the breach might reasonably be viewed as a consequence of a contracting party's negligence." This article explores this rule and when it applies — as well as the exceptions to it.
Lawyers Discuss Impact of Judge Smith’s Scathing Dissent in Redistricting Case
Pushing aside what’s already been reported — like the number of times Judge Jerry Smith wrote that he dissents (16), the number of times he calls out Judge Jeffrey Brown by name (279) and the number of times he references the Soros family (17) — The Lawbook asked more than a dozen appellate lawyers to weigh in on the aftermath: whether the tone of the dissent and the majority’s decision on the timing of the opinion’s release would have an impact on the judiciary, and the public’s opinion of the judiciary, moving forward.
Houston Appellate Court Won’t DQ AZA as Transocean Defense Counsel
In a five-sentence per curiam opinion issued Thursday morning, the First Court of Appeals in Houston declined to disturb rulings from a trial judge that allowed the law firm Ahmad Zavitsanos & Mensing to continue its defense of Transocean in multidistrict litigation stemming from offshore workers’ injuries. Lawyers from Arnold & Itkin, representing the plaintiffs, had argued the move was required and told The Texas Lawbook Thursday they are considering all options as it relates to a possible appeal.
The 40-Year Legacy of Pennzoil v. Texaco — An Appeal for the Ages
Executives at Texaco woke up Nov. 20 — exactly 40 years ago today — like it was the morning after aliens attacked in the movie Independence Day. A day earlier, a Houston jury ruled the New York-based oil and gas giant had tortiously interfered with a 1984 agreement Getty Oil made to merge with Pennzoil and awarded Pennzoil $10.53 billion. Texaco’s stock took a beating — dropping from $80 per share when the litigation started to $32 the week following the trial. Some Wall Street analysts were openly warning about bankruptcy. The company’s convertible bonds plummeted in value. Texaco’s debt rating was cut by Standard & Poor’s. Interest accruing on the judgment was $2.8 million every single day.
Between Thanksgiving 1985 and Christmas 1987, the two energy companies and their ever-expanding roster of litigators did battle. The litigation itself multiplied, including a precedent-setting federal case in New York over Texaco’s appeals bond, a monumental appellate battle, a bizarre decision by the Texas Supreme Court, the world’s largest corporate bankruptcy at the time and a historic settlement.
Both sides hired major reinforcements — fresh legs and fresh eyes, if you will — as the trial teams had been going full speed for 21 straight months. The appeals team for Texaco beefed up with several heavy hitters from Fulbright & Jaworski and David Boies of Cravath in New York. Pennzoil added a Texas superstar in V&E’s Harry Reasoner and Laurence Tribe of Harvard Law School.
In Part II of our series looking back at the significance of the Pennzoil v. Texaco trial, The Lawbook examines the post-verdict appeals, which were historic and precedent-setting.
Former SCOTX Chiefs Make Case for Judicial Independence
Nathan Hecht, Wallace B. Jefferson and Thomas Phillips held court in a large tent on Austin’s Congress Avenue last weekend to discuss issues related to the Third Branch of government. They fielded questions about a recent constitutional amendment that gave the governor greater authority over judicial discipline and the rise of claims under the Texas Constitution.
Asked & Answered with Kirkland & Ellis’s Kasdin Mitchell: From the White House to the U.S. Supreme Court
In this edition of Asked & Answered, Kirkland & Ellis partner Kasdin Mitchell talks about getting to argue in the U.S. Supreme Court, where she once clerked for Justice Clarence Thomas, as well as her time before law school, working in the White House for First Lady Laura Bush. Her mother’s pursuit of a law degree inspired her own path.
Traveling Oral Arguments: Justices Question Tax on Airline, Trade Secrets Claim for Tech Used on Driverless Semitrucks
The Fifteenth Court of Appeals heard arguments in disputes over taxes and trade secrets while at the Texas A&M School of Law in Fort Worth Thursday. One of the cases originated from the Texas Business Court.
Oral Arguments at Law School Gives Students Opportunity to See Court in Action
The Fifteenth Court of Appeals held oral arguments at Texas A&M School of Law Thursday afternoon. Classes were canceled for first-year students to attend the oral arguments and watch the attorneys and justices in action.
Kyle Hawkins is Newest Texas Supreme Court Justice
Gov. Greg Abbott announced Friday he has appointed the former solicitor general of Texas to serve as the newest member of the Texas Supreme Court. Kyle Hawkins, who most recently was a partner at Lehotsky Keller Cohn, will be filling the seat left vacant by former Justice Jeff Boyd, who left the court in September.
Asked & Answered with Crawford, Wishnew & Lang’s Haleigh Jones: Moot Court, Mentorship and Becoming a Mom
In this edition of Asked & Answered Crawford, Wishnew & Lang partner Haleigh Jones sat down with The Texas Lawbook to discuss her career, memorable cases and mentorship. Jones coaches the moot court team at Southern Methodist University, which she says she hopes to do for her whole career. The 2024 team won the American Bar Association competition.