Dallas Appeals Court Justice David Schenck issued an opinion late Friday apparently accusing fellow justices of intentionally delaying the public reporting of a decision by a three-judge panel in order to change the composition of the panel and possibly impact the decision. But Fifth Court Chief Justice Robert Burns said Schenck is mistaken on the facts and the law. The Texas Lawbook has details.
Houston Appeals Court Declines to Revive Lawsuit Over O’Quinn’s Dead Body
After seven years, a legal fight over the disinterment of famed trial lawyer John O’Quinn’s body has been put to rest in Houston’s First Court of Appeals.
When Textualism Divides the Texas Court
In 2015, Elena Kagan famously announced: “We’re all textualists now.” By any reasonable measure, the Texas Supreme Court is often vehemently so. But when it comes to the “plain meaning” of statutory text, even textualists sometimes find different interpretations of the same simple words. Brandon Duke examines one recent SCOTX case — decided by plurality — that reveals the complexity that can dwell behind even the simplest words.
SCOTX Clarifies Scope of General Contractor’s Duty of Care to Subcontractor Employees
The Texas Supreme Court recently reaffirmed that the typical aspects of the general contractor/subcontractor relationship do not give rise to a duty of care to subcontractor employees. The JLB Builders case, however, is a timely reminder that general contractors who exercise too much control over the manner and means of its subcontractors’ work may find itself on the hook for injury claims brought by subcontractor employees. Cornelius Sweers of Porter Hedges considers the ramifications of the decision.