Citing three recent Texas Supreme Court decisions declaring the sanctity of written contracts and the deficiency of extra contractual statements, the Fifth District Court of Appeals in Dallas has reversed a $98 million fraud judgement against BBVA Compass Bank.
First COA Reverses $1.5M Verdict Against Baylor Medical J/V
The ruling in favor of Baylor Miraca Genetics Laboratories pours out a 2018 verdict for former company executive Brandon Perthius who had claimed commissions on sales made after he left for a competitor. The Lawbook’s Bruce Tomaso has the details.
Circuit Judge Tom Reavley, ‘Pope of the Fifth Circuit,’ Has Died
Thomas Reavley preached his first sermon against racial discrimination in East Texas in 1935. He was a Naval officer in the South Pacific during World War II. He was a prosecutor in Dallas. Governor John Connally appointed him to a Travis County district court and later to the Texas Supreme Court. President Jimmy Carter appointed Reavley to the U.S. 5th Circuit Court of Appeals in 1979.
Judge Reavley, who was believed to be the oldest serving federal appellate judge in the U.S., died Tuesday in Houston. He was 99.
SCOTX Doubles Down on TWCA Exceptions
Doubling down on a ruling earlier this year that intent governs whether employee lawsuits are excepted from the restrictions of the Texas Workman’s Compensation Act, a unanimous SCOTX tossed a $43.5 million jury verdict for a worker who lost a leg in what the court itself described as “an avoidable, unjustifiable, and grossly negligent accident.” Janet Elliott explains.
County Canvassing Done; Houston Appellate Races End Up Equally Red & Blue
The Fourteenth Court’s two sitting Republican justices — Tracy Christopher and Ken Wise — have won their races, while two Democratic challengers — Veronica Rivas-Molloy and Amparo Monique Guerra — have defeated their incumbent opponents in the First Court of Appeals.
SCOTX Scrutinizes a 30-Year-Old Rule on Trade Secrets
In HouseCanary v. Title Source, a scrap over source code pits a 2013 law designed to protect trade secrets against a longstanding rule of Texas Civil Procedure that presumes that court records are open to the public. At stake is not only a jury verdict of more than $700 million, but a longstanding vision of public trust.
SDTX Federal Judges Release New Music Video: ‘We’ll Be Back’
A new video featuring Fifth Circuit Judge Jennifer Elrod and U.S. District Judge Charles Eskridge singing about the coronavirus’ impact on the federal courts in the Southern District of Texas is spreading across Facebook. The message: Don’t be sad or mad. Your fave judges will be back in their courtrooms soon.
Fight Involving Texas Legal Recruiter to Proceed in Hong Kong (Maybe)
A new Fifth Circuit ruling involves an Austin legal recruiter and a competitor who are sparring in litigation that has stretched from Texas to Asia and involves accusations of defamation and theft of trade secrets.