Free Speech, Due Process and Trial by Jury
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?
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.
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 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.
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.
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.
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.
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.
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.
A bankruptcy judge who brought an ethics complaint against McAllen lawyer Mark Cantu should not have been excluded from testifying in the resulting disciplinary trial, SCOTX has ruled in a per curiam decision. Janet Elliott explains why it was even a question.
For the first time, a New York appeals court has rejected a contention that the simple act of state registration obliges Texas-based Baker Hughes, or any other out-of-state company, to accept general jurisdiction.
Texas Supreme Court oral arguments Thursday in the dispute over judicial sanctions against Dallas trial lawyer Bill Brewer featured lawyers on all sides making factual allegations, highly engaged justices actively interrupting and pushing back and one attorney threatening to quit the legal profession if the court ruled in favor of Brewer. One of the lawyers went so far as to argue that Texas law gives the justices no choice but to uphold the sanctions against Brewer. The Texas Lawbook has full details.
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