Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, a short-lived trademark infringement suit over the name of a Dallas restaurant settles, a trade secrets dispute marches toward a jury trial in Fort Bend County and a judge in Midland gets chided for a procedural misstep in granting a change of venue request.
A three-judge panel of the Fifth Circuit ruled Monday that a class action lawsuit pending against Southwest Airlines and the Boeing Company should be dismissed because the plaintiffs suffered no actual damages. Southwest CLO Mark Shaw told The Texas Lawbook the decision is a major win for the airline and he praised three Southwest in-house counsel and lawyers at Norton Rose Fulbright.
In this edition of Litigation Roundup, the U.S. Court of Appeals for the Fifth Circuit found the insulated power structure of an agency meant to protect racehorses facially unconstitutional, Oncor was found liable for a tree trimmer’s injuries and a closely watched insurance case is teed up before the Texas Supreme Court.
The German car manufacturers had argued that Gov. Greg Abbott shouldn’t be allowed to hand-pick two justices from lower courts to replace the two Texas Supreme Court justices who recused themselves from deciding the lawsuit Texas is bringing against them.
Eleven SMU Dedman School of Law alumni and the school’s new dean were sworn in before the nation's high court in a live ceremony before all nine justices this month. The group also heard oral arguments in two related administrative law cases.
"It was like being on the 50-yard line at the Super Bowl. But better," Amy Osteen, a 2000 graduate of the law school, said.
In 1985’s classic film, The Return of the Living Dead, a rainstorm spreads a zombie-creating chemical throughout a city. In 2022, the Supreme Court’s relentless focus on originalism has also awakened long-dead legal doctrines. One such resurrection appears in the concurrence from Golden Glow Tanning Salon v. City of Columbus, which advocates examination of a constitutional “right to earn a living” in light of how such economic matters were understood in the late 1700s.
"As veterans and advocates for access to justice, it is our responsibility to advocate for civil aid legal services that are transformative in alleviating pain points felt by Texas veterans returning to civilian life after active duty, as well as those who served our country decades ago," Chief Justice Nathan Hecht and Maj. Gen. Alfred Valenzuela write. They lay out their case in this op-ed.
In yet another example of the massive complex litigation stemming from 2021’s Winter Storm Uri, the U.S. Court of Appeals for the Fifth Circuit is being asked to balance the usually broad authority of federal bankruptcy judges in restructuring cases against the potential sovereignty of Texas energy regulators to set rates. Canadian energy retailer Just Energy and the ERCOT squared off Tuesday before a three-judge panel in a dispute over whether a Houston bankruptcy judge can order ERCOT to repay Just Energy up to $335 million from payments made following the February 2021 storm.
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