Property owners near Houston, whose homes were flood by waters released from a reservoir during Hurricane Harvey, won a major victory at the Texas Supreme Court on Friday when the court ruled that the agency that controls the dam has no governmental immunity from lawsuits. The Lawbook explains.
Dallas Firm Taps Former Dallas COA Justice to Lead Appellate Practice
Justice Bill Whitehill has returned to private practice after losing his reelection bid for a seat on the Dallas Court of Appeals in November.
Ex-Texas Solicitor General Kyle Hawkins Heads to Gibson Dunn
Kyle Hawkins, who argued four cases to the U.S. Supreme Court as Texas solicitor general, started a new job today as a partner in Texas for Gibson Dunn. A former clerk to Justice Samuel Alito Jr., Hawkins plans to boost the firm’s litigation and appellate presence in Houston.
Overhaul of Appeals Courts Moves to Texas Senate
The Senate Committee on Jurisprudence pushed forward a closely-held plan by Republicans to remodel the state’s appellate courts. The party-line vote on Thursday came with an abundance of criticism for the plan’s perceived lack of transparency and its potential for obliterating minority gains in the state’s highest courts.
SCOTX Hears Case Against Business Lawyer Immunity
In oral arguments at SCOTX this week, a case involving the sale of a foot ware company evolved into a fight over attorney immunity. The question is whether transactional lawyers should have the same protection as litigators against lawsuits brought by non-clients. A consortium of 51 firms in Texas had asked the court to hear the case.
TX Chief Justice: Courts ‘Face a Far Worse Disease Than Covid-19’ – Racism
Zoom court hearings in Texas are here to stay. A backlog of thousands of jury trials caused by Covid-19 must be addressed. Access to justice for the poor must be improved. Racial prejudice – and the perception of bias – is a “disease” in the Texas justice system. Texas Supreme Court Chief Justice Nathan Hecht delivered his State of Judiciary address to a joint session of the Texas legislature Tuesday by live video.
Divided Texas Supreme Court Sidesteps Decision on ERCOT’s Sovereign Immunity
A hotly divided Texas Supreme Court decided Friday that the Texas Constitution prevents them from deciding – at least not at this time – whether ERCOT is a governmental body that has sovereign immunity and is thus protected from lawsuits. But four justices, including Chief Justice Nathan Hecht, disagree: “The answer to the immunity issue in this case has become perhaps more important to the public than even to the parties. The parties want to know. The public wants to know. The court refuses to answer.”
Fifth Circuit at the Center of Controversy Over Immunity for Law Enforcement Officers
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.”