An unusual concurrence issued by U.S. Circuit Judge Don Willett on March 9 has thrust the federal Fifth Circuit back into the controversy over granting immunity to law enforcement officials at both the state and federal levels – an issue heading back to the U.S. Supreme Court. Willett wrote, “A written constitution is mere meringue when rights can be violated with nonchalance.”
Houston Appeals Court Affirms $3M Judgment in Drilling Contract Dispute
A state appeals court this week upheld a $3 million-plus trial court judgment in an oil and gas contract case. The appeal involved a debate over the correct language for standard of care in joint operating agreements, and the non-prevailing side says the debate isn’t over. Litigation writer Natalie Posgate has the details.
Appeals Court Reverses $1.2M Libel Judgment that Stemmed from a Yelp Review
A Texas appellate court has reversed a $1.2 million judgment against a marketing professional who wrote a negative Yelp review about a dentist who owed him money. The marketer’s lawyers say the ruling is a win for both the protection of broad-form releases and free speech.
Texas Supreme Court: Is Facebook Immune from Claims It ‘Failed to Warn’ Teen Rape Victims?
Lawyers for three Texas teenagers who were targeted by sexual predators on Facebook, raped and forced into sex trafficking told the Supreme Court of Texas Wednesday that a federal law protecting social media sites from defamation litigation should not shield them their duty to warn and protect minors using its website. The case is being monitored by legal experts nationwide. A win for the plaintiffs could open the floodgates for litigation against Facebook and other social media outlets brought by victims of sexual predators across the country.
Houston Chronicle: SCOTX to Decide ERCOT’s Sovereign Immunity
The Texas Supreme Court is weighing a 2016 dispute brought by Panda Energy against ERCOT that could decide if the quasi-governmental non-profit corporation power grid operator should be protected from civil lawsuits via a cloak of sovereign immunity. The Houston Chronicle has details.
SCOTX Hears SLAPP Award Dispute in Caged Tiger Case
A 2018 dispute over four white tigers caged for viewing at a Houston restaurant has made its way to SCOTX. The dispute is no longer about the tigers — they found a more appropriate habitat. But sanctions levied for a SLAPP suit filed for commercial defamation are keeping the litigation alive. Janet Elliott has the details.
Fort Worth Episcopal Property Dispute May Be Heading to SCOTUS…Again
The U.S. Supreme Court is set to consider whether it will weigh in on issues raised by the long-running $100 million property dispute between factions of the Episcopal Church in Fort Worth. Tony Mauro of The Lawbook is watching the case.
Lawyer to Dallas Court of Appeals: Ken Paxton ‘Committed Legal Malpractice’
Lawyers for Unity Resources want the Fifth Court of Appeals to declare Texas Attorney General Ken Paxton as a “designated responsible third party” in a securities case so they can question Paxton under oath about his role in the alleged securities fraud. The Texas Lawbook was there for oral argument.