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Appellate

Governor Appoints David Gunn to First COA

The governor on Tuesday appointed David Gunn, 63, of Beck Redden to serve as the newest justice on the First Court of Appeals in Houston. He is filling the seat vacated by April Farris, who was appointed to the Fifteenth Court of Appeals by Gov. Greg Abbott in June. Justice Gunn’s term will expire in December 2026.

SCOTX Transfers First Batch of Cases to New Fifteenth COA

In an administrative order issued Aug. 26, the Texas Supreme Court transferred to the newly-created Fifteenth Court of Appeals 88 cases that had been pending with various intermediate appellate courts. It’s no surprise to observers that the bulk of the cases, 49, were transferred from the Third Court of Appeals in Austin, which formerly decided most cases involving state agencies that are headquartered in the capital.

Travis County District Judge Can’t Shake ‘Vexatious Litigant’ Title

The U.S. Court of Appeals for the Fifth Circuit issued a unanimous panel opinion Monday rejecting Judge Madeleine Connor’s bid to have Chapter 11 of the Texas Civil Practice & Remedies Code declared unconstitutional. Judge Connor, who was added to the list of vexatious litigants after filing a flurry of pro se lawsuits against her neighbors, is barred from filing more pro se litigation without first seeking permission from the local administrative judge. She argued that barrier to the courts violated her First Amendment right to petition. The Fifth Circuit disagreed.

Brister Readies for Curtain Rise on Fifteenth COA

Scott A. Brister is winding down his appellate practice as he prepares to once again don a black robe. Brister, who has served at all levels of the Texas court system, on Sept. 1 will step into his new role as chief justice of the Fifteenth Court of Appeals. He will be joined on the first and only intermediate appellate court given statewide jurisdiction by Scott K. Field, a Williamson County district judge and former Third Court of Appeals jurist, and April L. Farris of the First Court of Appeals. The trio will need their combined 30 years of judicial experience as they navigate some 70 state-related cases and prepare to develop jurisprudence for the new business trial courts. (Photo by Laura Skelding)

Plaintiff, Amici Urge En Banc Reconsideration in ‘Literally Unprecedented’ Axing of $222M Wrongful Death Verdict

Earlier this month, Kansas resident Kelli Most filed a motion for en banc reconsideration with the court. She argued that dismissal of her lawsuit against Team Industrial Services — which came after the Sugar Land-based company had unsuccessfully attempted pretrial to get the appellate court to move the suit out of Texas courts — on grounds that Texas was an inconvenient forum is “literally unprecedented.”

Amici Weigh in on Constitutional Challenge to New Fifteenth COA

Three amicus briefs — from Disability Rights Texas, the Texas Business Law Foundation and Texans for Lawsuit Reform — have been filed in the case. While the groups seek different outcomes, Disability Rights Texas and Texans for Lawsuit Reform agree on one issue: the Texas Supreme Court should take the case and issue a decision on the constitutionality issue.

Two Texas Lawyers May Face Discipline for Roles in Claiming Lewis Brisbois Name

Attorney Susan C. Norman registered a domestic limited liability partnership under the California-based law firm’s name after discovering the firm’s foreign limited liability partnership registration had lapsed on the Texas secretary of state website, and Bradley B. Beers filed an assumed name certificate. The U.S. Court of Appeals for the Fifth Circuit found the lawyers’ conduct “unbecoming of the profession,” and a U.S. district judge said he wasn’t sure whether he was obligated to refer the lawyers to the Texas State Bar for investigation.

FERC Authorization for Two South Texas LNG Projects Halted by Court

Authorizations for the Texas LNG Brownsville and Rio Grande LNG facilities were vacated by the DC Circuit Court of Appeals and returned for a second time to the Federal Energy Regulatory Commission for further environmental scrutiny. The court said FERC was “arbitrary and capricious” in efforts to side-step environmental justice requirements in the approval process.

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