The Fifth Circuit’s ruling in the closely-watched constitutional challenge to the Affordable Care Act is more notable for what it does not say than what it does. The 2-1 decision could lead to several different paths going forward. Will the new Trump appointees join forces en banc?
Meet the Reasoners: Texas Legal Royalty
Harry Reasoner grew up on a farm outside San Marcos, milking cows and raising pigs for 4-H competition. At 80, he has had a storied career, representing corporations in some of the biggest trials in history. Clients pay as much as $1,500 an hour for his counsel. Now Reasoner’s two children – Barrett and Macey and the extraordinary courtroom success they’ve had – are making sure that their father’s legacy will continue for many, many years. Meet the Reasoners.
Fifth Circuit Rejects Intergalactic Jurisdiction
Does Fifth Circuit federal jurisdiction extend to other galaxies? The “God of the Earth Realm” says it does and alleges that U.S. and Louisiana officials are illegally holding the “Atakapa Indian de Creole Nation” in an eternal state of “pupilage.” This is an actual case.
Federal Circuit Reverses Part of VirnetX v. Apple $502M Verdict
VirnetX Holding’s decade-long patent infringement battle against Apple appears to be closer to a finality. The federal appeals court tossed out two of four patent violations and sent the case back to the Eastern District of Texas to recalculate damages. The Texas Lawbook explains the long and winding road.
Federal Prosecutors: No New Trial Needed for Forest Park Officials
Federal prosecutors filed a 179-page brief this week challenging demands for a new trial by seven defendants convicted in the Forest Park Medical Center bribery and kickback scheme. Suffice it to say: they are against any new proceedings. Mark Curriden has the details.
Remembering Former Houston Chief Justice and ADR Pioneer Frank Evans
Frank Garrettson Evans, III, retired chief justice of the First Court of Appeals in Houston, Texas died Saturday at his home in Bastrop, Texas. He was 91. Often called the “father of alternative dispute resolution,” Chief Justice Evans is indelibly recorded in history as a pioneer and implementer in the field.
Houston Jury Awards Ex-Fort Bend County Worker $350K in Religion Suit
Fort Bend County did not reasonably accommodate an employee’s religious observation when she attended church on a Sunday instead of going to work, a Houston federal jury ruled on Friday.
Tony Mauro Award goes to Haynes and Boone’s Laura Prather
A new award named after legendary U.S. Supreme Court reporter Tony Mauro recognizing lawyers who zealously advocate for freedom of the press and a more open government goes to an Austin litigation partner who represents numerous news media outlets.
Chron: Appeals Court Justice with Alzheimer’s Resigns
Justice Laura Carter Higley has submitted her resignation to Gov. Greg Abbott, the clerk for the First Court of Appeals confirmed Tuesday. Higley has served on the Houston appellate court since 2002. Her resignation comes days after reports that she was sitting on the bench while diagnosed with Alzheimer’s.
Dearth of Legal Aid for Low-Income Texans ‘Really Dire’
Texas Chief Justice Nathan Hecht says the number of Texans needing legal assistance but who cannot afford an attorney is increasing so fast that the state’s legal profession is not equipped to handle the demand for basic legal services for military veterans, abused spouses and children and other low-income residents. Even so, new Texas Lawbook data shows that most corporate law firms in Texas are not doing their share of pro bono work, even as those same firms achieve record profits. The solution may rest with in-house corporate legal departments and general counsel. The Texas Lawbook has an in-depth report.