Texas Justices Drill Down on Evidentiary Requirement in Spray-Drift Cases

In the case that pits a group of cotton farmers against Helena Chemical Co., the Texas Supreme Court justices focused much of the questioning during oral argument Wednesday morning on the intricacies of the evidentiary standard Helena is asking the court to adopt. The U.S. Chamber of Commerce filed a brief in favor of Helena, while the farmers garnered amicus support from the Texas Wine and Grape Growers Association and the High Plains Wine & Food Foundation.

October 26, 2022 Michelle Casady

SCOTX Wrestles with Force Majeure Clause in Drilling Delay

The Texas Supreme Court heard arguments in a case that could lay out the rules for deciding how to read a drilling lease’s force majeure clause. The case involves a driller’s response to unforeseen circumstances and its miscalculation of a deadline.

October 25, 2022 Janet Elliott

Texas Justices to Decide if $332M Astros Sale Spat Goes to Trial

The Texas Supreme Court will decide whether Jim Crane can proceed with his lawsuit over the allegedly inflated price he paid for the stake in a regional sports network. Two lower courts have denied bids by the team's former owner and Comcast to end the lawsuit. Michelle Casady tuned into oral arguments Tuesday as the Houston Astros prepare for Game 1 of the World Series.

October 25, 2022 Michelle Casady

Dallas Judge Tonya Parker to Run for Appeals Court Spot

Dallas District Judge Tonya Parker announced Monday that she intends to seek election to an upcoming opening on the Fifth Court of Appeals in Dallas.

Judge Parker, a widely respected trial judge who consistently ranks among the top three judges for judicial temperament and legal knowledge by Dallas Bar Association members, sent an email to supporters stating that she has been “seriously considering a run for court of appeals” for some time.

October 25, 2022 Mark Curriden

WWHD? — Should the Question ‘What Would Hamilton Do?’ Inform the Fifth Circuit’s Separation-of-Powers Jurisprudence?

Seven federal courts, including the U.S. Court of Appeals for the D.C. Circuit, have rejected arguments that federal financial regulators should not be funded by assessments made outside the usual budgeting process. The reasoning was those fundings are done pursuant to acts of Congress.

The Fifth Circuit in Community Financial Services Association of America v. Consumer Financial Protection Bureau saw matters otherwise and cited several drafters of the Constitution, including the ubiquitous Alexander Hamilton.

October 24, 2022 David Coale

Behind the Scenes: How a Pair of Texas Friends Prepped for a SCOTUS Argument

Ed Sullivan and Sam Kaplan (pictured center) have been friends for 30 years, beginning when they met at the University of Texas as undergraduates. Later they both decided to become lawyers.

Their friendship continued but never as intensely as it did this year, while working together on a case that would go all the way to the U.S. Supreme Court. The case, argued Oct. 12, was Helix Energy Solutions Group, Inc. v. Hewitt, a dispute about whether highly paid employees are eligible for overtime pay under the Fair Labor Standards Act. It is an important issue for the oil and gas industry. The case was brought by Michael Hewitt, a “tool-pusher” on an offshore oil rig. Other amicus briefs indicated that the outcome of the case could affect a range of organizations including nursing.

October 21, 2022 Tony Mauro

Full Fifth Circuit Will Rehear Dallas Jailers’ Discrimination Suit

In an order issued Wednesday, the court vacated a panel’s Aug. 3 ruling that ended the lawsuit and set the case for rehearing before the entire court. The three-judge panel that issued the original ruling siding with Dallas County called for en banc review in the opinion, lamenting that court precedent mandated dismissal of the suit challenging a gender-based scheduling policy.

October 14, 2022 Michelle Casady

Texas Grape Growers, U.S. Chamber of Commerce Pick Sides in Crop Damage Case

The Texas Supreme Court will hear oral arguments on Oct. 26 in the case that asks it to decide whether a group of cotton farmers suing Helena Chemical Co. for crop damage allegedly caused by the aerial application of an herbicide have presented enough evidence to survive a no-evidence motion for summary judgment. In amicus briefs recently filed, the Chamber and the Texas Wine and Grape Growers Association each warned the court of dire consequences that could flow from its ruling.

October 13, 2022 Michelle Casady