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.
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.
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.
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.
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.
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.
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.
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.
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.
SCOTX Reinstates Harris County Med-Mal Verdict
In rare support of a medical malpractice plaintiff's jury verdict, the Texas Supreme Court on Friday reversed an appellate court's decision to reject a $4.2 million award by a Houston jury for the negligent death of a 46-year-old father of three. The Texas Lawbook has the details.
SCOTX: Insurers Must Pay For Anadarko’s Deepwater Defense
Anadarko has emerged the winner in a coverage clash with its surplus liability insurers as the Texas Supreme Court ruled last week that the underwriters are contractually obligated to pay Anadarko’s $112.5 million defense costs related to the Deepwater Horizon disaster. The Lawbook's Janet Elliott has the details.
SCOTX Mulls Role of Reasonableness in ‘Farm Out’ Agreements
After spending $22 million on some dry holes in North Texas, Barrow-Shaver Resources Co. jumped at a $27.7 million offer for its development rights. But one of 32 parties blew up the deal by asking $5 million for its approval. Now the Texas Supreme Court is being asked to resolve a question of industry use vs. oil and gas tradition. Janet Elliott explains.