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Appellate

SCOTX Walks Back Demand for PUC Review in Common Law Cases Against Utilities

In 2018 the Supreme Court of Texas established a precedent requiring common law cases involving the operation of utilities, even those involving personal injury, to be reviewed by the Public Utilities Commission before reaching the courts. In three opinions filed since Friday, the court has been recalibrating that requirement. The Lawbook's Allen Pusey reviews those cases and the issues that caused the court to take a new look at its own precedent.

Allen Pusey

SCOTX: The World’s Largest Retail Operation Is Not a ‘Seller’

When is a seller not a seller in Texas? When it advertises products online, takes money for them and delivers them to customers, according to the Texas Supreme Court. That opinion was delivered Friday in response to a certified question regarding Amazon.com from the U.S. Fifth Circuit. It was not a unanimous view, as The Lawbook's Allen Pusey explains.

Allen Pusey

Small Refineries Win What May Be A Short-Lived Victory

A 6-3 decision by the U.S. Supreme Court in a Texas-based case offers a reprieve for small refineries seeking "hardship exemptions" from increasingly strict EPA renewable fuel standards. But with a change in presidential administrations, the relief may prove short-lived. Lawbook Supreme Court correspondent Tony Mauro explains.

Tony Mauro

SCOTX Refuses to Dismiss Houston Sex Trafficking Case Against Facebook

The Texas Supreme Court ruled Friday that some – but not all – allegations in three separate lawsuits brought against Facebook by three teenagers who say they were victims of sexual predators can move forward to trial Houston. Section 230 of the Communications Decency Act does not provide absolute immunity to internet providers such as Facebook in civil lawsuits when their own “misdeeds” are part of the allegation, justices said.

Mark Curriden

Fifth Court of Appeals Affirms Summary Judgment Denial in D Magazine Libel Case

The defamation suit brought by a woman accused by D Magazine of living in University Park while on a federal food program took a step closer to trial last week when the Fifth Court of Appeals refused to dismiss her case against the Dallas publication. The court ruled that enough issues of fact have been raised by the plaintiff to preclude a summary judgment. Allen Pusey has details.

Allen Pusey

Justice Eva Guzman Resigns From Texas Supreme Court

The first Hispanic woman elected to statewide office in 2010, Texas Supreme Court Justice Eva Guzman announced Monday that she is resigning from the state's highest court this coming Friday. Guzman, who has been a judge in Texas for 22 years, gained a reputation as an aggressive questioner during oral arguments. The Texas Lawbook's Allen Pusey has the details.

Allen Pusey

Appeals Court Preserves Nine-Figure Jury Verdict Against Toyota — Updated

A three-judge panel in the Fifth Court of Appeals in Dallas Thursday affirmed a $213 million trial court judgment against Toyota Motor Corp. The case revolved around a rear-end collision in 2016 that left two children severely brain-damaged. A Dallas jury concluded in 2018 that the injuries were exacerbated by a defective seatback design in the family's 2002 Lexus. The Lawbook's Natalie Posgate has details of the court's 2-1 decision.

Natalie Posgate

SCOTX Supports Electronic MAAs; Justice Boyd’s Dylanesque Dissent

When the Texas Supreme Court reversed a trial court on an issue over electronic signatures, Justice Jeffrey Boyd had a problem. The court had already decided the case, he noted in dissent, 90 years ago. The Lawbook's Allen Pusey reviews Judge Boyd's singular opinion in which he takes Bob Dylan along for the ride.

Allen Pusey

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