Free Speech, Due Process and Trial by Jury
A state appeals court this week upheld a $3 million-plus trial court judgment in an oil and gas contract case. The appeal involved a debate over the correct language for standard of care in joint operating agreements, and the non-prevailing side says the debate isn't over. Litigation writer Natalie Posgate has the details.
A Texas appellate court has reversed a $1.2 million judgment against a marketing professional who wrote a negative Yelp review about a dentist who owed him money. The marketer's lawyers say the ruling is a win for both the protection of broad-form releases and free speech.
Lawyers for three Texas teenagers who were targeted by sexual predators on Facebook, raped and forced into sex trafficking told the Supreme Court of Texas Wednesday that a federal law protecting social media sites from defamation litigation should not shield them their duty to warn and protect minors using its website. The case is being monitored by legal experts nationwide. A win for the plaintiffs could open the floodgates for litigation against Facebook and other social media outlets brought by victims of sexual predators across the country.
The Texas Supreme Court is weighing a 2016 dispute brought by Panda Energy against ERCOT that could decide if the quasi-governmental non-profit corporation power grid operator should be protected from civil lawsuits via a cloak of sovereign immunity. The Houston Chronicle has details.
A 2018 dispute over four white tigers caged for viewing at a Houston restaurant has made its way to SCOTX. The dispute is no longer about the tigers — they found a more appropriate habitat. But sanctions levied for a SLAPP suit filed for commercial defamation are keeping the litigation alive. Janet Elliott has the details.
The U.S. Supreme Court is set to consider whether it will weigh in on issues raised by the long-running $100 million property dispute between factions of the Episcopal Church in Fort Worth. Tony Mauro of The Lawbook is watching the case.
Lawyers for Unity Resources want the Fifth Court of Appeals to declare Texas Attorney General Ken Paxton as a “designated responsible third party” in a securities case so they can question Paxton under oath about his role in the alleged securities fraud. The Texas Lawbook was there for oral argument.
A Dallas appeals court ruled Thursday that a trial court did not abuse its discretion by declining to seal a set of documents at Toyota's request after a 2018 trial that rendered a $242 million verdict. The appeal of the verdict is still pending, but in the meantime, Natalie Posgate dissects the issues around the documents.
U.S. District Judge Brantley Starr has a penchant for public service, fond memories of growing up in West Texas and is a proud owner of a 1962 VW Ragtop Beetle. Judge Starr recently took time out of his busy schedule to share some insights about his background, his career and his experiences so far on the bench.
Invoking the seldom-cited Eleventh Amendment, the U.S. Third Circuit ruled that a law allowing the use of federal powers of eminent domain could not be used against property owned by state governments. The ruling will likely disrupt a number of natural gas pipeline projects aimed at bolstering the nation's energy infrastructure. Tony Mauro explains the stakes.
Federal appellate courts almost never remove an Article III judge from a case, but the U.S. Court of Appeals for the Fifth Circuit did so Friday for the third time in three years to U.S. District Judge Lynn Hughes of Houston. As a result, a professor's employment discriminatiuon case against Sam Houston State University gets new life.
He's been blocked from Ken Paxton's Twitter feed and gained a "9" from Roomrater for the memorabilia-laden background he displays for his Zoom interviews on CNN. But UT Professor Stephen Vladeck is gaining notice, both as a scholar and as a high-profile commentator on the rule and the role of law. The Lawbook's Tony Mauro has a profile.
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