The Dallas Fifth Court of Appeals has ruled in favor of a real estate developer in a rare exaction challenge brought against the City of Dallas over a 10-foot strip of land on Mockingbird Lane in East Dallas.
Dallas Court of Appeals Denies En Banc Review Over a Once Rare Dissent
The new Democratic majority in the Fifth Court of Appeals was viewed as favoring trial court discretion and seen as pro-jury trial, thus not inclined to expand rules or processes that would resolve cases in other ways. But an appeal of a medical malpractice case directly pits those two ideas against each other and provides valuable insight into the philosophy of the new majority.
Stanford Receiver Asks Full Fifth Circuit to Reverse Panel’s $65M Settlement Annulment
Three federal appeals court judges got it all wrong six weeks ago when they invalidated a $65 million settlement in the eight-year litigation battle over the Allen Stanford Ponzi scheme, according to motions filed Wednesday by Stanford receiver Ralph Janvey, who wants the Fifth Circuit to reconsider the case en banc.
Dallas Court of Appeals Issues Rare Majority, Concurring and Dissenting Opinions
The Dallas-based Fifth Court of Appeals issued a remarkable en banc decision this week. It involved majority, concurring and dissenting opinions on a matter of appellate procedure. But more importantly it may be the first significant signal that last year’s dramatic election swing is going to have an effect on the direction of the court.
Meet the Lawyers Behind the Texas Foster Care Reform Case
Two Texas law firms are one step closer to obtaining what they say are long-overdue reforms to the state’s foster care system after a ruling issued Monday by the Fifth Circuit. Natalie Posgate has the details on the ruling and the 411 on the Texas lawyers involved and how they got on the case.
Only Five Major Texas Companies Join Legal Brief Favoring LGBT Rights
More than 200 American businesses have jointly filed an amicus brief filed Wednesday asking the U.S. Supreme Court to find that workplace discrimination based on sexual orientation and gender identity is illegal. Only seven – including five major corporations – of the 206 companies are based in Texas. All are in the DFW area. None in Houston or Austin. None in the oil and gas industry.
Language Edges Custom in SCOTX Farmout Case
AUSTIN – SCOTX held to its preference for plain language over industry custom, rejecting a $27.7 million verdict in a closely-watched farmout dispute. But the narrow 5-4 decision generated two very vigorous dissents. Janet Elliott reports.
Houston Company Defeats Berkshire Hathaway in Nebraska Supreme Court
The ruling is a slam-dunk win for Houston firm Gibbs & Bruns, which essentially defeated billionaire Warren Buffett in the case. Gibbs & Bruns’ courtroom opponent is an Omaha-based company owned by Berkshire Hathaway.
Get Your Popcorn Ready: ETP & Enterprise Are Headed to the TX Supreme Court
The Supreme Court of Texas will consider whether a business version of common law marriage exists when companies do deals with each other in the Lone Star state, according to a ruling Texas’ high court issued on Friday. The case has been viewed by the Texas legal community as the most important business dispute since Joe Jamail’s $10 billion win against Texaco in the 1980s.
Fifth Circuit: Securities Offering Fraud Cases Require More SEC Fact-finding
When is an investor buying a security versus purchasing a partnership in a joint venture? It depends on some very specific but basic facts that usually are only available via a full trial, according to the U.S. Court of Appeals for the Fifth Circuit.
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