Free Speech, Due Process and Trial by Jury
A three-judge Fifth Circuit panel on Wednesday considered whether to reverse the ruling by a Fort Worth judge that struck down a decades-old law designed to protect the interests of Native American children in custody proceedings. The arguments had deep roots in the nation's uneven relationship with its native forebears. Natalie Posgate reviews the issues.
Twice in two weeks, a Republican-appointed Fifth Circuit appellate judge directly dressed down a Houston trial court judge in opinion. But this time, the trial judge is fighting back. U.S. District Judge Keith Ellison and Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit have gotten into a nasty public feud that Texas legal experts describe as astonishing. The Lawbook has complete details.
No president in U.S. history is having as much impact on the federal courts in Texas as President Trump. On Friday, President Trump nominated Texas Supreme Court Justice Jeff Brown and Texas Deputy First Assistant Attorney General Brantley Starr to the district court bench. The Texas Lawbook has details.
Saying a lower court misconstrued its 2015 decision in Chesapeake Exploration v. Hyder, the Texas Supreme Court ruled unanimously that the deductibility of production costs from energy company royalties is a matter commanded by contractual language. Janet Elliott, who has followed the controversy, explains.
Recent decisions by the Texas Supreme Court have clarified the burden on plaintiffs to produce concrete evidence supporting claims for damages in trade secret misappropriation cases. This article analyzes these cases and tries to predict their influence on future claims for trade secret misappropriation in Texas.
Former Houston Court of Appeals Justice Bill Boyce has joined an appellate law boutique and ex-Dallas Court of Appeals Justice Jason Boatright has signed as a partner at a Fort Worth law firm.
The Texas Supreme Court ruled Friday that a written contract between Mercedes-Benz and a South Texas car dealer exempts the automaker from being held financially responsible for the economic losses it caused by its false oral promises and misleading comments - conduct a jury described as criminal.
Gov. Greg Abbott announced Thursday afternoon that he appointed Busby, a former partner at Bracewell, to the state’s highest court to replace retired justice Phil Johnson.
The Texas Supreme Court has recently been shooting holes in the basic principle that any evidence forming the basis of a decision must have been admitted in a trial court – particularly in contract disputes. Chrysta Castañeda of The Castañeda Firm explains the potential impact on cases going forward.
AUSTIN – When a navigation district leased out underwater acreage to an oyster farming business, the State of Texas took exception. Now their argument over leasing authority and oyster regulation has reached the Texas Supreme Court. Janet Elliott explains.
When responding to anonymous online defamation, the first challenge a business faces is finding out the identity of the writer. The Texas Supreme Court recently added another potential snag to that process, holding that a Rule 202 petition does not toll a claim's statute of limitations. Nicole Williams and Mackenzie Wallace of Thompson & Knight provide an analysis.
Three federal circuit courts of appeals have ruled during the past two years that Title VII of the 1964 Civil Rights Act protects employees from discrimination based on sexual orientation and transgender status. The Fifth Circuit rejected the opportunity to join that trend Wednesday in a series of biting opinions.
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