Free Speech, Due Process and Trial by Jury
After 27 years at Haynes and Boone, prominent appellate lawyer Anne Johnson is joining forces with respected Dallas trial lawyer Jeff Tillotson. The move puts Johnson’s name on the door as well as another lawyer at the firm. The Texas Lawbook has the scoop.
Three Fifth Circuit Appeals Court judges told 500 lawyers attending the Northern District of Texas Federal Bench Bar Conference on Friday about critical mistakes that lawyers make in their briefs and oral arguments. Judge Catharina Haynes, Judge Gregg Costa and Judge James Ho provided extraordinary behind-the-scenes insight into the operation of the Fifth Circuit, including what the judges think about introductions in briefs and decisions on whether to have oral arguments. The Texas Lawbook has exclusive details.
The Fifth District Court of Appeals in Dallas ruled Wednesday that the Electric Reliability Council of Texas does not have sovereign immunity from all lawsuits and that the Texas Public Utility Commission does not have exclusive jurisdiction over all claims against ERCOT. The 12-to-1 decision has been widely anticipated because it could have ramifications in hundreds of lawsuits stemming from Winter Storm Uri in which ERCOT is a named defendant.
“To date, the supreme court has not extended sovereign immunity to a purely private entity neither chartered nor created by the state, and this court will not create new precedent by extending sovereign immunity to ERCOT,” Justice Erin Nowell wrote.
Texas tribes will argue Tuesday that the Fifth Circuit was wrong to allow state regulation of games like Bingo on reservations that are not otherwise banned by Texas law.
Two appellate judges ruled Thursday that United Airlines’ requirement that its employees be vaccinated causes “irreparable harm” to pilots and flight attendants who claim religious objections. In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit issued an unpublished and unsigned opinion ordering a federal judge in Fort Worth to reconsider issuing a preliminary injunction against the Chicago-based airline.
In dissent, Judge Jerry Smith called the majority opinion “absurd," argued that it creates a new cause of action for every private employee in the Fifth Circuit and stated he would hide his "head in a bag" if he had written the majority's opinion.
Judge James Ho said he was scheduled to talk about originalism on Tuesday at Georgetown University, but instead decided to talk about the libertarian scholar Ilya Shapiro, who came under fire for recent comments on President Biden's pledge to appoint a black woman to the U.S. Supreme Court.
“I would submit that, if I were a law student today, and I strongly disagreed with remarks made by someone who had just recently been hired by my law school, the last thing I would do is to call for that person to be fired," Ho said.
Texas and the Biden administration are often at legal odds with each other. But one dispute in briefs filed with the U.S. Supreme Court last week takes the cake.
ADJ Managing Partner Marcy Hogan Greer said in a statement that Hurd’s “unique understanding of the workings of the appeals process” will “undoubtedly be of great benefit to our clients.”
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