Free Speech, Due Process and Trial by Jury
As the opening of the U.S. Supreme Court term nears, Texas is still a big player at One First Street. Legendary SCOTUS journalist Tony Mauro touched base with a cadre of Texas lawyers who specialize in U.S. Supreme Court work about the cases they are watching in a term that is shaping up to be “a potential blockbuster.”
A five-year battle over sanctions against NRA lawyer Bill Brewer will be argued Oct. 10 before the Texas Supreme Court. The issue is whether Brewer conducted a poll of potential jurors in Lubbock to gauge public attitudes or to improperly influence the jury pool. Both sides agree that the case presents “multiple questions of law and policy that have far-reaching implications and are important to the jurisprudence of the state.”
A new study by Haynes and Boone shows that the newly-elected appellate judges in Texas are reversing lower court litigation decisions equally for defendants and plaintiffs - a dramatic shift from only one year ago when Republican judges controlled the state appellate benches and favored defendants over plaintiffs by an overwhelming margin. The Texas Lawbook has the full details.
Carl Stewart’s term as chief judge of the New Orleans-based Fifth Circuit Court of Appeals expires at the end of September. In an exclusive interview with The Texas Lawbook, Judge Stewart looks back at seven tumultuous years, his plans for the future, the need to integrate five new appellate judges and what others say his legacy as the Fifth Circuit's only African-American chief judge will be.
Former Houston judge and appellate law expert Jane Bland will soon have her third job in nine months: Justice on the Texas Supreme Court. Gov. Abbott announced Monday that he intends to appoint Bland, who is now a partner at V&E in Houston, to the state’s highest 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.
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.
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.
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.
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.
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.
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.
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