Appellate Archives - Page 62 of 72

SCOTX: Written Contracts Can Protect Corporations’ Fraudulent Conduct

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.

February 25, 2019 Mark Curriden

Abbott Selects Brett Busby for Texas Supreme Court

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.

February 21, 2019 Mark Curriden

SCOTX May Look for New Evidence to Rewrite Your Contract

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.

February 21, 2019 Chrysta Castañeda and Loren C. Steffy

SCOTX Hears Arguments Over Oysters

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.

February 20, 2019 Janet Elliott

SCOTX Erects New Hurdle for Litigating Anonymous Defamation

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.

February 7, 2019 Nicole Williams & Mackenzie Wallace

Fifth Circuit Refuses to Extend Protections to Transgender and Sexual Orientation under Title VII

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.

February 7, 2019 Mark Curriden

Former Houston Appellate Judges Announce Their Next Moves

Two Houston judges who lost in the 2018 midterm elections announced Tuesday that they have landed at new firms. Natalie Posgate has the specifics.

February 6, 2019 Natalie Posgate

Supreme Court Experts Discuss Kavanaugh, RBG, Gerrymandering & Lack of Women SCOTUS Advocates

The U.S. Supreme Court is in a period of unprecedented change. On Tuesday, The Texas Lawbook enlisted a panel of SCOTUS experts, including Gibson Dunn partner Allyson Ho, Dykema appellate law partner Chris Kratovil and legendary Supreme Court journalist Tony Mauro to discuss trends and developments at the High Court and what it means for Texas businesses.

February 6, 2019 Mark Curriden

SCOTX Rules Out Punitive Damages in Crane Plane Purchase Case

AUSTIN – It may have been “reprehensible” to sell as “new” a $19.85 million Bombardier Challenger 300 with a used and troubled engine, but when the contract limits liability then liability is limited, the Texas Supreme Court ruled last week. The decision snuffs a $5.39 million of an $8 million jury award, as Janet Elliott explains.

February 5, 2019 Janet Elliott

WATCH THIS SPACE! Coming Soon: Texas Supreme Court pronouncements on significant issues of contract interpretation and enforcement

Early in December the Texas Supreme Court heard oral argument in three cases in which the Court likely will render important guidance as to key issues for contract interpretation and the interplay between contract and fraud claims. Ray Guy of Weil, Gotshal & Manges reviews the background of those cases and the key questions they present.

January 31, 2019 T. Ray Guy of Weil, Gotshal & Manges