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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Dallas Court of Appeals Issues Rare Majority, Concurring and Dissenting Opinions
The Dallas-based Fifth Court of Appeals issued a remarkable en banc decision this week. It involved majority, concurring and dissenting opinions on a matter of appellate procedure. But more importantly it may be the first significant signal that last year's dramatic election swing is going to have an effect on the direction of the court.
Meet the Lawyers Behind the Texas Foster Care Reform Case
Two Texas law firms are one step closer to obtaining what they say are long-overdue reforms to the state’s foster care system after a ruling issued Monday by the Fifth Circuit. Natalie Posgate has the details on the ruling and the 411 on the Texas lawyers involved and how they got on the case.