Appellate Archives - Page 58 of 70

Court of Appeals Considers Whether TCPA Applies to Noncompetes in TX

A three-judge panel heard oral arguments Tuesday in a contentious noncompete dispute that is currently deadlocked in an interlocutory Texas Citizens Participation Act battle. Although, a new bill passed by the Texas House might make the debate irrelevant soon. Natalie Posgate has the details.

May 15, 2019 Natalie Posgate

SCOTX Dismisses Defamation Suit Against DMN, Kevin Krause

The Supreme Court of Texas has tossed out a defamation lawsuit against the Dallas Morning News, reversing two lower courts that declined to do so despite it involving a situation that the Texas Citizens Participation Act was actually designed to protect a media outlet in.

May 10, 2019 Natalie Posgate

SCOTX Rules In Oyster Case

The Texas Supreme Court has ended part of a long-running inter-governmental battle over a coastal navigation district’s exclusive lease with an oyster-farming business; the rest, not so much. The case, which began in 2014, will continue, but with one less party. The Texas Lawbook has the story.

May 10, 2019 Allen Pusey

Fifth Circuit Tosses Bulk of $21M Latitude Solutions Judgment

A three-judge panel at the U.S. Court of Appeals for the Fifth Circuit has tossed all but $400,000 of a $21 million judgment against key players in the now-bankrupt Fort Worth-based company, Latitude Solutions Incorporated, which included Paul Mitchell and The Patrón Spirits Company co-founder John Paul DeJoria.

The court said trial evidence was insufficient to support the bankruptcy trustee’s contention of a “pump and dump” stock scheme. Natalie Posgate has more.

May 6, 2019 Natalie Posgate

SCOTX Blasts Texas Agency For Misrepresenting Rules

Citing a state agency’s misrepresentation of its own procedures, the Texas Supreme Court Friday reinstated the administrative appeal of a group home employee who was about to be placed on a state misconduct register. The per curiam opinion was bold, even acerbic, and included a reference to Animal House. Allen Pusey explains.

May 3, 2019 Allen Pusey

Mandamus in the Fifth Circuit: An Extraordinary Remedy, Except When It Isn’t

Mandamus petitioners are supposedly unwelcome visitors in the federal courts of appeal. Although the U.S. Court of Appeals for the Fifth Circuit has echoed that mantra, contemporary mandamus practice suggests a gap between the “law in the books” and the “law in action.”

April 22, 2019 David Coale & Paulette Miniter

Settling Questions of Interpretation in James Miles v. Texas Central Railroad

Texas Central is working on bringing the first ever high speed rail to North America. Craig Enoch, retired Texas Supreme Court Justice and Enoch Kever member, argues why Texas Central has the authority to enact eminent domain on a piece of property because of its legal status as a railroad.

March 21, 2019 Craig Enoch

Court of Appeals Considers Whether TCPA Applies to Noncompetes in TX

SCOTX Dismisses Defamation Suit Against DMN, Kevin Krause

SCOTX Rules In Oyster Case

Fifth Circuit Tosses Bulk of $21M Latitude Solutions Judgment

SCOTX Blasts Texas Agency For Misrepresenting Rules

Mandamus in the Fifth Circuit: An Extraordinary Remedy, Except When It Isn’t

Settling Questions of Interpretation in James Miles v. Texas Central Railroad

Jackson Walker, The Pettit Law Firm Pick Up Former Texas Appellate Justices

Fifth Circuit: ‘I’d Be Embarrassed to Take the Position You’re Taking in This Case’

Threats of Grievance Action Against Opposing Counsel During Trial Can Violate Disciplinary Rules

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