Appellate Archives - Page 66 of 77

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

Trump Nominates Justice Brown, Brantley Starr for Federal Judgeships

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.

March 11, 2019 Mark Curriden

SCOTX Walks Back Hyder

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.

March 4, 2019 Janet Elliott

Navigating Trade Secret Misappropriation Claims After Berry-Helfand

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.

March 1, 2019 Kevin Jacobs