Free Speech, Due Process and Trial by Jury
Michael Minns was on the last day of a virtual bench trial before a Kansas judge when he found out he prevailed in the Texas Supreme Court against global law firm K&L Gates. Now the Kansas proceeding will prove to be invaluable as the Texas case returns to a Hays County trial court. This article explains the connections.
Less than four months after its controversial “tired trucker” ruling absolved an employer whose employee died after being required to work excessive hours, the Texas Supreme Court is weighing a $43.5 million jury verdict tossed on appeal because of the court's broadened limits on a worker's right to sue.
The four races in the Supreme Court of Texas bring notable aspects from both groups of candidates. The incumbents have the advantage of much more campaign finance support from the legal community. The incumbents' opponents - all women - comprise the most diverse slate of challenger candidates the court has seen.
The Democratic and Republican candidates for three seats on the Fifth District Court of Appeals in Dallas did something Thursday evening that, in 2020, could strike many voters as odd. They engaged in a cordial, thoughtful, informative discussion of their qualifications to the bench, their legal experience and their judicial philosophies. Bruce Tomaso details what was said at the forum, which was moderated by The Texas Lawbook.
Gov. Greg Abbott has selected El Paso native Rebeca Huddle to fill the open seat on the Texas Supreme Court left by Justice Paul Green, who retired from the bench at the end of August. Huddle, a former justice on the First Court of Appeals in Houston, was most recently the partner-in-charge of Baker Botts' Houston office.
The journey to the top for Texas Supreme Court Justice Eva Guzman has been an unusual one, filled both with obstacles and firsts. As she takes her place this fall as senior justice, Janet Elliott profiles the rise of a woman who embraces her non-traditional path as part of her belief in the law.
U.S. Chief Justice John Roberts said there are no “Obama” or “Bush” judges, but the Texas Constitution mandates that all judges here be elected, making Texas one of only seven states where these positions are political and partisan. There are clear and definitive differences between the Democratic and Republican judicial candidates that impact cases large and small. But if lawyers even have difficulty figuring it out, what chance does the general public have?
The U.S. Fifth Circuit once again ruled against an investor in Stanford International Bank, the notorious Houston-based Ponzi scheme. The ruling likely signals an end to at least one thread of litigation in the 11 years since its $7 billion collapse. Allen Pusey explains.
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