Free Speech, Due Process and Trial by Jury
Chief Justice Nathan Hecht spoke for almost 40 minutes Wednesday, supporting a variety of proposals that he said would increase court efficiencies, the caliber of judges and access to justice. "If the justice system were a business, and its customers had any choice, it would be in bankruptcy," Hecht said.
If approved by the court, the settlement would bring an end to litigation brought by more than 75 plaintiffs in the wake of the shooting that left 26 dead.
In this edition of Litigation Roundup, an intermediate appellate court split widens regarding gross negligence claims, sanctions requested by Gibson, Dunn & Crutcher in a fight over unpaid attorney fees are upheld on appeal, and a federal judge undoes one Texas county’s book bans.
The Texas Supreme Court heard oral arguments in the consolidated cases in September where two former students argued their alma maters had denied due process and acted outside the scope of their authority in rescinding their doctorate degrees years after graduation. The majority of the Texas Supreme Court held that despite scant precedent, the law allows universities to take that action regardless of when the alleged academic misconduct underpinning the decision is discovered.
In the face of varied and robust opposition to the proposal to create a new, statewide appellate court with exclusive jurisdiction over disputes involving the state or a state agency, lawmakers last week voted to send the bill to the full senate for a vote. Texas for Lawsuit Reform has championed the bill as an opportunity to establish a court with specialized expertise to hear matters of statewide importance.
The Public Utility Commission of Texas claims that a decision issued 11 days ago by a Texas appeals court declaring that the emergency pricing orders issued by the agency in 2021 during Winter Storm Uri were unlawful needs to be immediately reversed because it “has thrown Texas’s electricity and associated markets into confusion.”
Lawyers for the PUC filed an official petition for review with the Texas Supreme Court on Friday arguing that the Third Court of Appeals in Austin “had no jurisdiction to validate or invalidate already-expired orders.”
In this edition of Litigation Roundup, the Texas Supreme Court upholds Texas A&M’s governmental immunity in a crash suit, and Cinemark loses a Covid business interruption claim against an insurer while Baylor University beats back a Covid-related breach of contract claim brought by two students.
The state’s high court will have to decide if the filing of an allegedly deficient motion for default judgment is a “communication” as Winstead argues, which would end USA Lending’s lawsuit, or if USA Lending is correct that the basis of its suit is the failure to communicate. The case implicates the Texas Citizens Participation Act and asks whether it applies in legal malpractice suits.
In a nine-page response to a request from the whistleblowers to lift an abatement in the case after they alleged a bait-and-switch on the $3.3 million settlement deal, the Office of the Attorney General told the Texas Supreme Court the case should stay paused while the Legislature considers approval.
The Supreme Court has reinstated Wal-Mart’s lawsuit against Xerox over $4 million in denied reimbursements for food purchases made during a prolonged outage of the electronic benefit transfer system.
Former professional baseball player and sports nutrition vendor Neiman Nix lost his appeal of a case he filed in Texas against Major League Baseball — arguing that the league's ban of a growth hormone discriminated against his business selling products that included it. It's a case he'd filed, and lost, elsewhere. And that was the problem, the Fifth Circuit said.
In this edition of Litigation Roundup, a Dallas lawyer secures a $29 million jury verdict in a talc case and the Texas attorney general gets a deadline to respond to a request from whistleblowers to reinstate their case pending before the Texas Supreme Court.
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