The U.S. Supreme Court Monday imposed a stiffer level of liability for energy companies involved in tanker ship oil spills and other marine accidents near ports. Amicus briefs filed in the case sounded the alarm, including a brief by Houston lawyer George Diaz-Arrastia who said his client, Houston-based Tricon Energy, could be severely affected if the high court adopted the lower court’s interpretation.
En Banc Dallas Court Reverses No-Evidence Summary Judgment: New Force for Circumstantial Evidence
The Dallas Court of Appeals, in an 8-5 decision issued Thursday, granted review of a personal injury case and reversed the trial court’s no-evidence summary judgment for the defendant.
Texas SG Kyle Hawkins Has Quickly Become a Familiar Face at the U.S. Supreme Court
Texas Solicitor General Kyle Hawkins’ name on behalf of Texas turns up on the Supreme Court’s online docket 50 times, many representing multi-state amicus briefs, others involving other cases brought for or against Texas. At age 39, he has waded into almost all of the headline-making cases the high court is handling these days. This is Tony Mauro’s first article as a Texas Lawbook correspondent.
Did SCOTX Set the Rules for Coronavirus Exposure Litigation?
When a brown recluse spider bit Henry McCall, no one could have anticipated that the aftermath would shape the future of tort litigation. But that may well have happened in the recent Texas Supreme Court case of Hillis v. McCall. In addressing McCall’s spider bite, the court’s opinion sets legal rules that will likely control future cases involving novel coronavirus exposure.
Splintered En Banc Fifth Court of Appeals Withdraws 2018 Panel Opinion after Settlement
Just two weeks ago, a deeply splintered en banc Fifth Court of Appeals made the unusual decision to withdraw a panel opinion in a case that settled after the panel’s decision. This case involves interesting questions about the Texas Election Code, judicial power and the public interest in stare decisis.
A Most Unusual SCOTX Case
A seemingly mundane child custody battle between two divorced parents has attracted an extraordinary collection of Texas appellate talent. It has also attracted the amicus attention of the Texas attorney general. Janet Elliott explains.
Texas Chief Justice Hecht on Coronavirus: ‘We still have to do Justice’
Harris County is the first jurisdiction in Texas to postpone all civil jury trials due to the coronavirus outbreak. Other jurisdictions are considering similar actions. Texas Supreme Court Chief Justice Nathan Hecht told The Texas Lawbook in an interview late Wednesday night that Texas judges need to weigh the health and well-being of individuals with the requirement that the courts remain open and accessible to those who seek justice.
Renowned SCOTUS Reporter Tony Mauro Joins Texas Lawbook Team
Tony Mauro has covered thousands of court cases during his nearly five decades as a legal journalist – from Tiny Tim’s divorce to Bush v. Gore. Mauro, one of the most respected legal journalists in the world, is joining The Texas Lawbook as a contributing writer. He will write articles about Supreme Court cases important to Texas business lawyers and about lawyers who regularly practice before the nation’s highest court.
An Email is Still Not a Contract — SCOTX
Emails can be useful tools for negotiation, but they aren’t definitive until both sides agree they are, wrote Nathan Hecht in Chalker Energy Partners III v. Le Norman Operating. Janet Elliott has details.
SCOTX: ‘General Easements’ Aren’t a Problem Until They Are
Seventy years ago, utility companies were routinely granted easements across private property of no fixed width. Those “general easements” have become a concern for landowners who fear they give the companies too much power over their private land. Last week, the Supreme Court of Texas ruled on such a case made by three North Texas landowners. Their ruling offered sympathy, but not a lot of help.
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