Free Speech, Due Process and Trial by Jury
Dallas Appeals Court Justice David Schenck issued an opinion late Friday apparently accusing fellow justices of intentionally delaying the public reporting of a decision by a three-judge panel in order to change the composition of the panel and possibly impact the decision. But Fifth Court Chief Justice Robert Burns said Schenck is mistaken on the facts and the law. The Texas Lawbook has details.
Justice Guzman, who resigned from the Texas Supreme Court in June, is running to unseat Ken Paxton as Texas Attorney General. But on Wednesday she will be Chamberlain Hrdlicka's newest shareholder.
The U.S. Court of Appeals for the Fifth Circuit says the Houston-based restaurant chain’s insurance company is required to represent its client in litigation over an Internet breach that led to disclosure of millions of customers’ personal data.
After seven years, a legal fight over the disinterment of famed trial lawyer John O’Quinn’s body has been put to rest in Houston’s First Court of Appeals.
In 2015, Elena Kagan famously announced: "We're all textualists now." By any reasonable measure, the Texas Supreme Court is often vehemently so. But when it comes to the "plain meaning" of statutory text, even textualists sometimes find different interpretations of the same simple words. Brandon Duke examines one recent SCOTX case — decided by plurality — that reveals the complexity that can dwell behind even the simplest words.
The Texas Supreme Court recently reaffirmed that the typical aspects of the general contractor/subcontractor relationship do not give rise to a duty of care to subcontractor employees. The JLB Builders case, however, is a timely reminder that general contractors who exercise too much control over the manner and means of its subcontractors’ work may find itself on the hook for injury claims brought by subcontractor employees. Cornelius Sweers of Porter Hedges considers the ramifications of the decision.
The blockbuster July 2 ruling that the State Bar of Texas violated the First Amendment rights of some of its members by using mandatory dues to support politically controversial efforts unrelated to the regulation of the legal profession has lawyers wondering whether and when the U.S. Supreme Court might take up the case. But some worry SCOTUS could make it even worse for the bar association. The Texas Lawbook has details.
The Fifth Circuit decision is a major defeat for progressives in the state bar, but legal experts say the opinion could have been much, much worse. The Texas Lawbook has the full story, including a statement from the state bar's executive director.
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