Free Speech, Due Process and Trial by Jury
The International Association of Defense Counsel, the Federation of Defense and Corporate Counsel, Airlines for America, the U.S. Chamber of Commerce and Lawyers for Civil Justice all filed amicus briefs in support of FedEx last week. FedEx is fighting a $366 million jury verdict in favor of former employee Jennifer Harris.
The case went through two rounds of oral arguments at the state’s high court, saw the voluntary recusal of two justices and the appointment by the governor of two intermediate appellate justices to the case. The ruling will allow Texas to bring its lawsuit against the German automakers alleging they violated state environmental laws via the emissions-cheating software scandal perpetrated by the companies.
In this edition of Litigation Roundup, a widow asks the Texas Supreme Court to decide that she owns space artifacts that belonged to her astronaut husband, the high court clarifies the contours of when insurers can avoid liability under life insurance policies and a huge win for an Austin company gets undone by a federal judge in Michigan.
Debate is expected Monday on HB 19, controversial legislation to create a separate system of courts to hear high-dollar business disputes. The bill has emerged as a partisan issue, laments Mark Lanier, a high-profile trial lawyer and Republican donor who opposes the proposal. In other, less contentious, action, the House has voted to increase juror pay and raise the mandatory retirement age for judges.
In this edition of Litigation Roundup, the U.S. Supreme Court on Monday refused to consider a request from a handful of major oil companies seeking to move climate-related lawsuits filed in state court to federal court and a Dallas County jury recently found that Robert L. Winspear and his business colleague defrauded a finance lender.
The Texas Supreme Court rejected MRC Permian’s attempt to invoke a contract’s force majeure clause when it missed a deadline to drill a new well. MRC pointed to a well collapse at a different side for the delay, while Point Energy said MRC simply miscalculated the deadline.
A rare alliance between groups representing trial lawyers and defense counsel is raising constitutional questions and other concerns about legislation that would create a new system of trial and appellate courts for high-dollar business disputes. House Bill 19 appears on track for House floor debate as soon as next week.
In this edition of Litigation Roundup: Uvalde police officers lawyer up in the suit over the Robb Elementary shooting; Fifth Circuit determines discussion of “The Texas Hammer,” during jury selection didn’t taint the outcome of a trial and Pappas Restaurants’ fight over losing a $470 million contract heats up.
Irma Jean Carillo was 15 and a sophomore in high school in rural West Texas when she started thinking about becoming a lawyer. “I refused to take home economics. I took speech and debate instead,” she told the Dallas Bar Association in 2022. “The idea of extemporaneously speaking and debating and getting to argue with the teacher was so much fun. Doing the research and making sure that we prepared the arguments. It was so much fun.” Four decades later, Irma Carillo Ramirez is a U.S. magistrate in Dallas and likely to soon be the first Hispanic woman to serve on the U.S. Court of Appeals for the Fifth Circuit.
The Texas Supreme Court decides a closely watched business case by finding that adoption of American Arbitration Association rules in oil and gas leases shows “clear and unmistakable” evidence of intent to arbitrate. A dissenting justice says the ruling will strip courts of power to decide whether a particular dispute falls outside the scope of an agreement to arbitrate.
A former federal prosecutor in Dallas, Judge Ramirez has served as a federal magistrate in the Northern District of Texas since 2002. In 2016, she was nominated to a NDTX judgeship with the support of both Texas senators, but never received a vote by the Republican-controlled U.S. Senate.
In a case of first impression in Texas, a divided panel of the Amarillo Court of Appeals recently recognized a key distinction that should be carefully considered by any creditor relying on the PMSI exception — namely, there is a difference between the “disposition” and the “transformation” of collateral.
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