Paul, who argues that what happened to him in this case is “a stunning episode of Wild West justice,” filed his petition on June 13. The Mitte Foundation, which alleges Paul’s petition contains “many factual misstatements,” has until July 18 to file a response. The petition asks the U.S. Supreme Court to answer two questions: 1. Whether a criminal-contempt prosecution by an interested private party violates the Due Process Clause. 2. Whether sentencing a criminal defendant to jail via email, in absentia and without the opportunity to address the judge, violates the Due Process Clause or the Sixth Amendment.
Litigation Roundup: Trafigura Pays $55M, Settles Trading Fraud Claims; New Rules at the Fifth Circuit
In this edition of Litigation Roundup, we detail two new changes in rules governing attorneys who practice before the U.S. Court of Appeals for the Fifth Circuit, a jury in Harris County issues a $17 million verdict in a seven-year-old lawsuit and Whataburger goes to court to defend its trademark.
Governor Appoints AG’s Office Alum, Diamond McCarthy Partner to Houston Biz Court
Rounding out appointments to the newly created business courts, Gov. Greg Abbott announced on Friday Sofia Androgué and Grant Dorfman will be the inaugural appointees to the Houston division.
Court Rejects Billion-Dollar Legal Challenge to PUC Rates During Winter Storm Uri
Legal efforts by some of the largest energy companies in Texas to force the Texas Public Utility Commission to reprice the record-high electricity rates it charged during Winter Storm Uri three years ago were flatly rejected Friday by a unanimous Texas Supreme Court. The state’s highest court ruled that the PUC did not exceed its legal authority in February 2021 when it ignored market competition to set electric rates at $9,000 per megawatt-hour because the Texas grid faced an emergency crisis and possible collapse “that would have plunged the state into darkness for weeks, maybe months.”
The unanimous 30-page opinion reverses the decision of the Austin court of appeals in 2023 that the PUC overstepped its legal authority by ignoring integrated market competitive procedures and instead manually set electric rates during the four days of Winter Storm Uri.
SCOTX Says No Ambiguity in Contract Underpinning UT’s $51M Royalty Dispute
Chief Justice Nathan Hecht, writing for the unanimous court, explained that when the royalty provisions are read “together, not separately” and are considered in the context of the parties’ agreement, they are not ambiguous. But the ruling that sided with the University of Texas System Board of Regents did not give the university an outright win.
Governor Appoints Justices to San Antonio, Dallas, Fort Worth Business Courts
Gov. Greg Abbott has appointed two judges each to the new business courts in San Antonio, Dallas, Fort Worth and Austin, leaving only the division in Houston without inaugural appointees.
The governor made appointments to the San Antonio court Thursday, while on Wednesday he appointed the judges in Dallas and Fort Worth and on Tuesday he appointed jurists to the newly-created Fifteenth Court of Appeals as well as the Austin division of the business courts.
Scott A. Brister to Lead New 15th Court of Appeals
Two others with intermediate appellate court experience were named to the appellate court by Gov. Abbott, who also announced appointments to the new Austin business court division. The governor still must name judges for business court divisions in Dallas, Fort Worth, Houston and San Antonio. The Texas Lawbook‘s Janet Elliott has the details.
Business Court Applicants Pick Favorite Judges, Disliked Decisions
Answers to the governor’s questionnaire shed some light on the judicial philosophies of some 30 who have applied for the coming business trial and appellate courts. Generally, they like conservatives like Scalia and Thomas and shun SCOTUS decisions on Obamacare and the Chevron deference.
Editor’s note: This article was written in advance of the governor’s announcements Wednesday.
Fifth Circuit Issues Fractured Ruling in Llano Book Ban Case
A divided Fifth Circuit panel has determined the Llano County library must put back in circulation eight of 17 books that had been previously removed because of objections to their contents.
The ruling was issued Thursday in the case brought by seven library system patrons who alleged that county employees’ removal of the books violated their First Amendment right to “access information and ideas.”
SCOTX: Trial Court Must Revisit Order Shutting Down Stinky Poultry Operations
Justices determined that two adjacent chicken farms were a nuisance but said less-drastic remedies to abate the odors are warranted. Agricultural interests are closely following the appeal, which attracted prominent lawyers for Sanderson Farms and its growers.
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