Texas Supreme Court Told Whistleblower Act Doesn’t Apply To AG Paxton 

In a brief on the merits filed Wednesday, the Office of the Attorney General argued a whistleblower lawsuit brought against him by former high-ranking attorneys in the office should be dismissed because the Texas Whistleblower Act doesn't apply to him. Carlos Soltero of Soltero Sapire Murrell, who represents one of the whistleblowers, told The Texas Lawbook he's confident the Texas Supreme Court — like the Austin Court of Appeals panel and a Travis County District Court judge who have allowed the case to move forward — will find no merit in the argument.

July 28, 2022 Michelle Casady

Watermelon Display Injury Verdict Wiped Out on Appeal, New Trial Ordered

Roel Canales will get another shot at proving Pay and Save was negligent in the way it displayed watermelons. But the Fourth Court of Appeals panel said the evidence supporting the gross negligence claim was too weak and ordered Canales take nothing on that claim.

July 27, 2022 Michelle Casady

ERCOT & Panda Face Off Again at Texas Supreme Court

The six-year bear of a legal battle between the Electric Reliability Council of Texas and Panda Power has again reached the Texas Supreme Court. In a case being watched by scores of lawyers in the Winter Storm Uri litigation, ERCOT wants the state’s highest court to declare that it is part of the state government and thus immune from civil lawsuits. Panda claims ERCOT knowingly produced false market data in 2011 and 2012 that led it to invest $2.2 billion to build three new power plants and doesn't deserve immunity.

July 15, 2022 Mark Curriden

Fifth Circuit Invites Constitutional Challenges to SEC’s ‘No Admit, No Deny’ Policy

A handful of Fifth Circuit judges seem to have it out for the U.S. Securities and Exchange Commission and “the agency’s current activism.” Two judges issued a concurring opinion that clearly invites defendants being accused of financial fraud to challenge the SEC’s use of “no admit, no deny” settlement agreements. “If you want to settle, SEC’s policy says, ‘Hold your tongue, and don’t say anything truthful – ever' — or get bankrupted by having to continue litigating with the SEC,” Judge Edith Jones wrote. “A more effective prior restraint is hard to imagine.”

The Texas Lawbook has insight from several legal experts who say they understand Judge Jones’ concerns but say eliminating the “no admit, no deny” provisions in settlements would cause tremendous upheaval in the system and place defendants at an even bigger disadvantage in their negotiations with the federal agency.

July 13, 2022 Mark Curriden

Both Sides Cry Foul in a Jurisdictional Dispute Over Volkswagen’s Emissions-Cheating Scandal

After what seemed a last-minute recusal in a case with millions on the line, the Texas Supreme Court asked for the governor's appointment of two temporary justices to break a probable stalemate in reaching a resolution in the Volkswagen emissions-cheating scandal case. Now the court must determine whether, as VW argues, the governor's commission of special justices poses due-process violations.

July 11, 2022 Osler McCarthy

Appeals Court Reverses Nail Polish Verdict

A Houston appellate court has reversed a 2019 jury verdict that awarded European cosmetics distributor Benelux Cosmetics $2.7 million against Houston-based gel nail polish manufacturer GHP Nail Systems and its parent company. The decision by the Fourteenth Court of Appeals is a win for a group lawyers at Hicks Thomas and Wright Close Barger.

July 8, 2022 Natalie Posgate

In a Texas Capital Case, the Supreme Court’s Denial of Cert Bewilders the Appellate Defenders Who Pursued It

The high court's decision in the long-running Terence Andrus v. Texas capital-murder case was a surprise for Andrus’s lawyers who worked hard to convince courts that Andrus was beset by egregious ineffective assistance of counsel at his earliest trials.

July 1, 2022 Tony Mauro

SCOTX Inks a Bummer for Hempsters

The Texas Supreme Court determines hemp dealers have no constitutional right to manufacture hemp to smoke.

June 27, 2022 Osler McCarthy