In what has become a monthly ritual, the state’s highest court issued its 18th emergency order related to the COVID-19 pandemic that essentially extends its previous emergency order from May 26 for another month, except in a few specific circumstances. The ban on civil and criminal jury trials, as well as civil case filing deadlines, have been extended into September.
SCOTX Rejects Federal Standard for TWC Air Ambulance Claims
In a big win for private insurance companies, the Texas Supreme Court said more than $50 million in disputed air ambulance fees were covered by Texas Workers Compensation standards, not federal aviation rules.
Northwest Texas Legal Aid Celebrates Women Advocacy Awards, Needs Funding
Texas Chief Justice Nathan Hecht says domestic abuse cases are “up quite a bit” during the past 15 weeks of the COVID-19 pandemic, but there are not enough lawyers doing pro bono to help abused women and children. The chief justice’s comments came during a webcast conducted by the Legal Aid of Northwest Texas, which celebrated the 2020 Women’s Advocacy Awards.
Missouri Appeals Court Upholds $2.11B Judgment for Mark Lanier’s Clients in Talcum Powder Case
An appeals court in Missouri handed 20 women, including two from Texas, a partial but still major $2.11 billion victory Tuesday by upholding a jury’s verdict against a subsidiary of pharmaceutical giant Johnson & Johnson for making and selling asbestos-containing talcum powder products that led to the women being diagnosed with ovarian cancer.
SCOTX Wipes $16.5M Judgment in Complicated Partnership Dispute
Almost 10 years after it began, the Texas Supreme Court has ended a contentious legal battle over a business partnership breakup. While the reasoning behind tossing a multimillion-dollar judgment was simple, the justices found themselves debating over a lesser-included issue about who can recover damages on behalf of a partnership.
Chron: Brazoria County Landowner Wins Eminent Domain Fight Against Pipeline Giant
Houston pipeline operator Enterprise Products Partners will have to renegotiate with a Brazoria County landowner who sought $3.4 million for a pipeline easement across his property, the Texas First Court of Appeals ruled Thursday.
Judicial Profile: Judge Mark T. Pittman, U.S. District Court for the Northern District of Texas
U.S. District Judge Mark T. Pittman has served on three different courts in six years. His cases and issues run the gamut. Central to his judicial philosophy is to acknowledge what he doesn’t know. In a wide-ranging interview with Haynes and Boone appellate lawyer Chris Knight, Judge Pittman told his story and shared his judicial preferences.
Texas Appellate Firm Adds U.S. Supreme Court Practice
Daniel Geyser, a former assistant solicitor general for the State of Texas, has become one of the most active Texas lawyers before the nation’s high court.
Supreme Court Rules for Pipeline Project Under the Appalachian Trail
In a 7-2 decision by Justice Clarence Thomas, the court ruled that the U.S. Forest Service had the authority to issue a permit for the Atlantic Coast Pipeline. The decision overturns a ruling by the U.S. Fourth Circuit. Tony Mauro reports from Washington.
Workers’ Comp Exemption Requires Intent to Kill ‘Particular Individual’ SCOTX Rules in ‘Tired Trucker’ Case
A calculated disregard for safety by Mo-Vac Service Company may have contributed to the death of one of its drivers, but that isn’t enough to allow an exception to the Texas Workers’ Compensation Act, the court ruled. The likelihood of death has to be “substantially certain” to a “particular individual” for a wrongful death claim to be excepted from the exclusive authority of TWC. Janet Elliott explains.
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