Republicans and Democrats Score Texas Appellate Court Victories

The three Republican incumbent justices on the Texas Supreme Court easily won re-election Tuesday, but the district courts of appeals seem to have provided mixed results for the two political parties. Republican candidates for the Houston courts of appeals appear to be cruising to victory, as do Democratic appellate candidates in Dallas and Austin. The voters in San Antonio split their votes. And incumbent Texas Supreme Court Justice Rebeca Huddle received more votes than any other candidate statewide.

November 9, 2022 Mark Curriden

Litigation Roundup: VLSI, Intel Face Off in Another Jury Trial, Waco JP Can’t Shake Sanction, Baker Botts Draws Malpractice Suit

In this edition of Litigation Roundup, Texas reaches a tentative settlement with Colorado and New Mexico in a nearly decade-old lawsuit over use of the Lower Rio Grande River’s resources, two major tobacco companies say Texas owes them about $8.6 million in taxes paid under protest, and another trial between VLSI and Intel kicks off.

November 7, 2022 Michelle Casady

Long-running Legal Malpractice Suit Again Revived

The Fourth Court of Appeals said the case should not have been dismissed last year for want of prosecution at a time when civil jury trials were not available in Kerr County. The case involves Utopia lawyer Patricia Skelton’s claim against her criminal defense lawyer, which previously survived a dismissal when the Texas Supreme Court allowed Skelton to prove her innocence in the malpractice case.

November 4, 2022 Janet Elliott

SEC Regional Director, Former Enforcement Officials Talk Rulemaking, Fifth Circuit Rulings and More

About 75 lawyers attended in-person or online a CLE that delved into enforcement priorities at the U.S. Securities and Exchange Commission’s Fort Worth Regional Office, what impact recent Fifth Circuit decisions could have on SEC actions, and how to navigate clients through uncertain times during an increase in rulemaking initiatives.

October 28, 2022 Michelle Casady

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