Free Speech, Due Process and Trial by Jury
Property owners near Houston, whose homes were flood by waters released from a reservoir during Hurricane Harvey, won a major victory at the Texas Supreme Court on Friday when the court ruled that the agency that controls the dam has no governmental immunity from lawsuits. The Lawbook explains.
Friday’s opinion marks the near-end of a 19-year legal battle for Farmers Insurance and its lawyers at Norton Rose Fulbright — featuring two appeals on class certification issues, a mandamus proceeding, a jury trial and now an appeal before the Texas Supreme Court.
There will be no restructuring of the Texas appellate courts this year. The state senator who introduced legislation that would dramatically reduce the number of appellate courts has agreed to allow the bill to die in committee... for now.
Justice Bill Whitehill has returned to private practice after losing his reelection bid for a seat on the Dallas Court of Appeals in November.
Kyle Hawkins, who argued four cases to the U.S. Supreme Court as Texas solicitor general, started a new job today as a partner in Texas for Gibson Dunn. A former clerk to Justice Samuel Alito Jr., Hawkins plans to boost the firm's litigation and appellate presence in Houston.
The Senate Committee on Jurisprudence pushed forward a closely-held plan by Republicans to remodel the state's appellate courts. The party-line vote on Thursday came with an abundance of criticism for the plan's perceived lack of transparency and its potential for obliterating minority gains in the state's highest courts.
In oral arguments at SCOTX this week, a case involving the sale of a foot ware company evolved into a fight over attorney immunity. The question is whether transactional lawyers should have the same protection as litigators against lawsuits brought by non-clients. A consortium of 51 firms in Texas had asked the court to hear the case.
Zoom court hearings in Texas are here to stay. A backlog of thousands of jury trials caused by Covid-19 must be addressed. Access to justice for the poor must be improved. Racial prejudice – and the perception of bias – is a “disease” in the Texas justice system. Texas Supreme Court Chief Justice Nathan Hecht delivered his State of Judiciary address to a joint session of the Texas legislature Tuesday by live video.
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