Appellate Archives - Page 57 of 71

Fifth Circuit Slaps Down TCPA Use in Federal Court

The ruling ends substantial confusion in Texas federal courtrooms, where use of the Anti-SLAPP defense varied from judge to judge and court to court. Allen Pusey has the story.

August 23, 2019 Allen Pusey

Fifth Circuit Puts Pier 1 Shareholder Suit to Bed

Not only is the decision likely to save the Fort Worth retailer millions of dollars in legal fees, Pier 1 Imports’ legal team says; it frees up Pier 1’s in-house team to focus on something essential: running the business. Natalie Posgate elaborates.

August 22, 2019 Natalie Posgate

Fifth Circuit: Sachse Police Denied Immunity, Face Jury Trial in 2010 Shooting

Eighteen federal appellate judges. An 11-6-1 split. A majority decision by Judge Patrick Higginbotham. Five separate blistering dissenting opinions. Some dissenters even poke at each other. In all, 75 pages of wisdom from the U.S. Court of Appeals for the Fifth Circuit about qualified immunity. The result: two Sachse police officers will stand trial for allegations that they used excessive force and fabricated evidence in the 2010 shooting of Ryan Cole of Garland.

August 21, 2019 Mark Curriden

Appeals Court Awards $4M to PE Firm in Insurance Dispute

In a 36-page ruling, the Dallas Court of Appeals on Monday ruled for a Southlake-based private equity firm that was in a dispute with its insurer after it denied coverage related to a legal battle with one of its ex-execs. Natalie Posgate explains.

August 21, 2019 Natalie Posgate

Fifth Circuit Hands Win to TX Billionaire for Due Process Violations by Moroccan Court

In addition to the compelling elements the case brings – royal intrigue, a foreign proceeding, a billionaire, and even a death threat – the case involves novel legal issues that any appellate lawyer would gobble up. Natalie Posgate explains.

August 16, 2019 Natalie Posgate

Fifth Circuit Preserves Constitutionality of Native American Adoption Law

A lower court in Fort Worth had found parts of the decades-old Indian Child Welfare Act unconstitutional, which sparked public outcry from 325 tribes, 21 attorneys general, members of Congress and more. Natalie Posgate analyzes.

August 12, 2019 Natalie Posgate

It’s Time for Geographic Diversity in SCOTX Appointments

Gov. Abbott will soon make his third appointment in five years to the Texas Supreme Court. Some want him to make diversity a priority. Six of the current eight justices are white, non-Hispanic men. There’s another, more subtle form of diversity that has also, for too long, been overlooked in appointing justices: geographic diversity.

August 12, 2019 Christopher Kratovil

City of Dallas Loses Interlocutory Appeal in Rare Exaction Case

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.

August 5, 2019 Natalie Posgate

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.

August 5, 2019 David Coale

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.

August 1, 2019 Mark Curriden