Appellate Archives - Page 67 of 77

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

Two Former Texas Appellate Justices Announce Next Moves

Former Houston Court of Appeals Justice Bill Boyce has joined an appellate law boutique and ex-Dallas Court of Appeals Justice Jason Boatright has signed as a partner at a Fort Worth law firm.

February 27, 2019 Brooks Igo

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