Free Speech, Due Process and Trial by Jury
Dallas-based appellate whiz Dan Geyser is on the move again, both literally and figuratively. Geyser announced Monday that he is going to chair Haynes Boone's U.S. Supreme Court practice from Denver. Lawbook SCOTUS correspondent Tony Mauro has the reasons and the details.
The controversy over McDonald v. Longley, the lawsuit that slammed the State Bar of Texas for using mandatory dues for political purposes, has subsided for the moment. But as lawyers for the organization strive to comply with guidelines set last month by the U.S. Fifth Circuit, the issue of mandatory bar dues may be heading for SCOTUS — but not necessarily from Texas. The Lawbook's Tony Mauro reports.
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.
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