Appellate Archives - Page 66 of 77

SCOTX Rules In Oyster Case

The Texas Supreme Court has ended part of a long-running inter-governmental battle over a coastal navigation district’s exclusive lease with an oyster-farming business; the rest, not so much. The case, which began in 2014, will continue, but with one less party. The Texas Lawbook has the story.

May 10, 2019 Allen Pusey

Fifth Circuit Tosses Bulk of $21M Latitude Solutions Judgment

A three-judge panel at the U.S. Court of Appeals for the Fifth Circuit has tossed all but $400,000 of a $21 million judgment against key players in the now-bankrupt Fort Worth-based company, Latitude Solutions Incorporated, which included Paul Mitchell and The Patrón Spirits Company co-founder John Paul DeJoria.

The court said trial evidence was insufficient to support the bankruptcy trustee’s contention of a “pump and dump” stock scheme. Natalie Posgate has more.

May 6, 2019 Natalie Posgate

SCOTX Blasts Texas Agency For Misrepresenting Rules

Citing a state agency’s misrepresentation of its own procedures, the Texas Supreme Court Friday reinstated the administrative appeal of a group home employee who was about to be placed on a state misconduct register. The per curiam opinion was bold, even acerbic, and included a reference to Animal House. Allen Pusey explains.

May 3, 2019 Allen Pusey

Mandamus in the Fifth Circuit: An Extraordinary Remedy, Except When It Isn’t

Mandamus petitioners are supposedly unwelcome visitors in the federal courts of appeal. Although the U.S. Court of Appeals for the Fifth Circuit has echoed that mantra, contemporary mandamus practice suggests a gap between the “law in the books” and the “law in action.”

April 22, 2019 David Coale & Paulette Miniter

Settling Questions of Interpretation in James Miles v. Texas Central Railroad

Texas Central is working on bringing the first ever high speed rail to North America. Craig Enoch, retired Texas Supreme Court Justice and Enoch Kever member, argues why Texas Central has the authority to enact eminent domain on a piece of property because of its legal status as a railroad.

March 21, 2019 Craig Enoch

Jackson Walker, The Pettit Law Firm Pick Up Former Texas Appellate Justices

Alumni of the Texas appellate courts in Dallas and Houston are on the move.

March 20, 2019 Brooks Igo

Fifth Circuit: ‘I’d Be Embarrassed to Take the Position You’re Taking in This Case’

A Fifth Circuit panel including Judge Jerry Smith unleashed scathing comments toward a party that appealed an $18 million arbitration award. Then the panel ruled the same day. This is the story.

March 18, 2019 Natalie Posgate

Threats of Grievance Action Against Opposing Counsel During Trial Can Violate Disciplinary Rules

An appeals court in Houston has ruled a lawyer who threatens to file a grievance against opposing counsel during a trial in order to get an advantage in the litigation is committing an ethics violation.

March 14, 2019 Mark Curriden

Fifth Circuit Considers Constitutionality of Native American Adoption Law

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.

March 14, 2019 Natalie Posgate

Growing Feud Between Fifth Circuit Judges and Houston Trial Judges Shocks Legal Experts

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.

March 13, 2019 Mark Curriden