Divided Texas Supreme Court Sidesteps Decision on ERCOT’s Sovereign Immunity

A hotly divided Texas Supreme Court decided Friday that the Texas Constitution prevents them from deciding – at least not at this time – whether ERCOT is a governmental body that has sovereign immunity and is thus protected from lawsuits. But four justices, including Chief Justice Nathan Hecht, disagree: “The answer to the immunity issue in this case has become perhaps more important to the public than even to the parties. The parties want to know. The public wants to know. The court refuses to answer.”

March 19, 2021 Mark Curriden

Fifth Circuit at the Center of Controversy Over Immunity for Law Enforcement Officers

An unusual concurrence issued by U.S. Circuit Judge Don Willett on March 9 has thrust the federal Fifth Circuit back into the controversy over granting immunity to law enforcement officials at both the state and federal levels - an issue heading back to the U.S. Supreme Court. Willett wrote, "A written constitution is mere meringue when rights can be violated with nonchalance."

March 15, 2021 Tony Mauro

TX Chief Justice Talks: In-Person and Remote Hearings, Backlog of 9,000 Jury Trials

Exactly 358 days after the Texas Supreme Court issued its first Covid-19-related emergency order closing most state courtrooms to in-person hearings and trials, the justices issued their 36th order Friday officially lifting the statewide ban. But the pandemic caused a backlog of thousands of civil and criminal jury trials that Texas Chief Justice Nathan Hecht told The Texas Lawbook needs to be addressed.

March 8, 2021 Mark Curriden

‘God of the Earth Realm’ Loses Intergalactic Trade Dispute, Again

Lawyer Edward Moses, Jr., self-described monarch and deity of the “Atakapa Indian de Creole Nation” and “Christian Emperor of New Orleans,” tried for a second time to get the judges of the Fifth Circuit to take up his case. For some reason, the appellate court felt that Moses’ lawsuit against 150 world leaders wasn’t supported by law or facts.

March 5, 2021 Mark Curriden

Houston Appeals Court Affirms $3M Judgment in Drilling Contract Dispute

A state appeals court this week upheld a $3 million-plus trial court judgment in an oil and gas contract case. The appeal involved a debate over the correct language for standard of care in joint operating agreements, and the non-prevailing side says the debate isn't over. Litigation writer Natalie Posgate has the details.

March 5, 2021 Natalie Posgate

Appeals Court Reverses $1.2M Libel Judgment that Stemmed from a Yelp Review

A Texas appellate court has reversed a $1.2 million judgment against a marketing professional who wrote a negative Yelp review about a dentist who owed him money. The marketer's lawyers say the ruling is a win for both the protection of broad-form releases and free speech.

March 2, 2021 Natalie Posgate

Texas Supreme Court: Is Facebook Immune from Claims It ‘Failed to Warn’ Teen Rape Victims?

Lawyers for three Texas teenagers who were targeted by sexual predators on Facebook, raped and forced into sex trafficking told the Supreme Court of Texas Wednesday that a federal law protecting social media sites from defamation litigation should not shield them their duty to warn and protect minors using its website. The case is being monitored by legal experts nationwide. A win for the plaintiffs could open the floodgates for litigation against Facebook and other social media outlets brought by victims of sexual predators across the country.

February 24, 2021 Mark Curriden

Houston Chronicle: SCOTX to Decide ERCOT’s Sovereign Immunity

The Texas Supreme Court is weighing a 2016 dispute brought by Panda Energy against ERCOT that could decide if the quasi-governmental non-profit corporation power grid operator should be protected from civil lawsuits via a cloak of sovereign immunity. The Houston Chronicle has details.

February 23, 2021 Paul Takahashi of the Houston Chronicle