Fifth Circuit: ‘It is Not a Crime to be a Journalist’

The movie Diehard 2 is officially a cited source in a Fifth Circuit opinion. Circuit Judge James Ho pointed to the character airport security Captain Lorenzo in emphasizing that all police officers know that reporters asking questions of law enforcement is protected by the First Amendment. The appeals court cite came in a victory for Laredo crime reporter Priscilla “La Gordiloca” Villarreal, who sued local police for arresting her in 2017 for simply doing her job.

November 8, 2021 Mark Curriden

Evan Young Appointed to Texas Supreme Court

Texas Gov. Greg Abbott announced Monday that he is appointing Baker Botts partner Evan Young to the Texas Supreme Court. An appellate partner who lives in Austin, Young, who is 45 and grew up in San Antonio, replaces former Justice Eva Guzman, who resigned in June to be a candidate for Texas attorney general.

November 1, 2021 Tony Mauro & Mark Curriden

It’s Texas Week at SCOTUS

The Supreme Court is hearing five oral arguments this week, and all five of them have a Texas connection. Two of them were scheduled to be argued 10 days after the court agreed to take up the cases – an extraordinarily fast track for the advocates. Lawyers involved in the SCOTUS cases are from Haynes and Boone, Beck Redden and Rogers, Morris & Grover. Texas Lawbook correspondent Tony Mauro has the rundown of Texas lawyers playing a role in each case.

November 1, 2021 Tony Mauro

Texas Supreme Court Approves Changes to State Bar That May Calm “Bar Wars”

The Supreme Court of Texas on Wednesday issued an order that redefines aspects of the State Bar of Texas so that the organization's leaders cannot be viewed as speaking for all bar members or suggesting that all members support the bar’s views or statements. Tony Mauro has the details.

October 13, 2021 Tony Mauro

SCOTUS Term Begins, Facing Hot-Button Issues Plus Thorny First Amendment Texas Cases

The U.S. Supreme Court started its 2021 term Monday and its business docket so far is “ridiculously light.” But Texas will make its mark this term in a different area of the law: the First Amendment. Four pending cases arising from Texas will test issues of free speech and free exercise of religion. So here is a quick rundown of the Texas cases as well as the business cases of possible interest.

October 5, 2021 Tony Mauro

Texas State Bar Unveils Sweeping Membership Changes To Comply With Court Order

The State Bar of Texas on Thursday made public a broad range of rule changes to comply with a federal appeals court ruling in July that the bar association violated the First Amendment by imposing membership and dues on lawyers who object to certain bar activities.

October 1, 2021 Tony Mauro

A Truly Solo Dallas SCOTUS Practitioner Looks Ahead to a “Crazy” Term

From his house in the M Streets neighborhood of East Dallas, Carl Cecere has built an appellate practice that has become enviable from virtually any point of view. He can go where he wants, write what he cares about and sometimes tell the courts what he thinks they should do. His influential Twitter presence has attracted top-tier SCOTUS practitioners seeking his common sense advice and elegant briefing handiwork, and here he tells The Lawbook's Tony Mauro what he's expecting from the nation's highest court this term and its already ambitious caseload.

September 22, 2021 Tony Mauro

Fifth Circuit Issues ‘Devastating’ Defeat for Oil and Gas Companies in Wage and Hour Dispute

Energy companies that compensate employees by the day must still pay those people overtime because they are not exempt salaried workers under the strict wording of the Fair Labor Standards Act, the Fifth Circuit has ruled. The appeals court decision is a huge blow to energy companies who have relied for decades on the idea that they could escape paying OT to workers paid an extra high daily wage. Dissenting judges say the decision overturns decades of standard practices within the energy sector and will have a devastating impact on the oil and gas industry. The Texas Lawbook has the full details.

September 10, 2021 Mark Curriden