Free Speech, Due Process and Trial by Jury
The Senate Judiciary Committee voted 11 to 9 Thursday to send the nominations of Texas Supreme Court Justice Don Willett and Gibson Dunn appellate partner James Ho to the full U.S. Senate for confirmation as new judges on the U.S. Court of Appeals for the Fifth Circuit. The Texas Lawbook has detailed backgrounds on both men.
Dallas celebrity chef Kent Rathbun, known by some in the restaurant industry as the “Chef With No Name,” can continue using his own name to promote his restaurants, but not to incite damage or detriment on his former business partner’s reputation, a Dallas appellate court upheld on Friday. The appeals ruling is tied to a bitter legal dispute that heads to trial next month.
When Orca Assets signed for six leases in the Eagle Ford Shale play, they had no idea the property had already been leased to someone else. But when the trustee tried to return their $3.2 million, Orca decided it was owed $400 million for the profits it lost. SCOTX heard their argument this week and Janet Elliott was there for The Texas Lawbook.
The first woman lawyer and partner at Haynes and Boone, Nina Cortell is widely respected as one of the best appellate lawyers in Texas. She successfully argued scores of appeals on behalf of corporate giants, including American Airlines, AT&T and Exxon Mobil. And she is the only Lion who is a descendant of Albert Einstein. “We searched for the best appellate lawyer to handle our case and everyone pointed us to Nina,” says NextEra Energy General Counsel Charles Sieving. “Nina did not disappoint.
Al Hill Jr. v. Al Hill III has spawned more than 20 lawsuits involving the heirs of oilman H.L. Hunt over the past decade. This week, the Texas Supreme Court heard arguments by Al Hill Jr. challenging a $7.25 million fee award to Gregory Shamoun for his role helping to resolve the litigation.” The case also pits Fifth Circuit nominee James Ho against former Texas Chief Justice Wallace Jefferson before a court that includes Justice Don Willett, who is also headed to the Fifth Circuit. The Texas Lawbook has the details.
Last week, James Ho was nominated to the U.S. Court of Appeals of the Fifth Circuit and won the biggest case of his career when the appellate reversed a $663.3 million judgment against his client, Trinity Industries. The Fifth Circuit's landmark opinion also showcased Ho’s future colleague, Judge Patrick Higginbotham, who showed once again why he is the smartest jurist on the appellate court.
President Trump has nominated two stalwart conservatives – Texas Supreme Court Justice Don Willett and Dallas appellate law expert James Ho – to the U.S. Court of Appeals for the Fifth Circuit. The selections, if approved by the U.S. Senate, will keep the Fifth Circuit, which handles appeals from federal courts in Texas, Louisiana and Mississippi, as the most conservative appellate court in the U.S., according to legal experts.
When Cash Biz didn’t get paid on time, the payday lender sought help from the criminal justice system. Now faced with lawsuits for their overstep, the company is claiming a right to arbitration, but the Texas Supreme Court is going to have a say about that.
When Cash Biz, a payday lender, didn’t get paid on time, they sought help from the criminal justice system. Now faced with lawsuits for their overstep, the company is claiming a right to arbitration, ,but the Texas Supreme Court is going to have a say about that. Janet Elliott has the details in The Texas Lawbook.
The Fifth Circuit refused to intervene in the massive Johnson & Johnson hip implant multidistrict litigation cases that have been consolidated in federal court in Dallas. But two of the three judges on the panel criticized Judge Ed Kinkeade and asked him to reconsider moving forward with a bellwether trial set to start Sept. 5. The Texas Lawbook has full details.
Plaintiffs’ lawyers battling Johnson & Johnson in a multi-district litigation over allegedly defective hip implants faced what appeared to be a couple of hostile Fifth Circuit judges who seemed ready to take the extraordinary step of stopping U.S. District Judge Ed Kinkeade of Dallas from moving forward with more bellwether trials. Oral arguments Thursday at the Fifth Circuit proved highly dramatic in a case that is attracting significant legal attention.
The Dallas Court of Appeals has reversed the 2014 landmark Texas jury verdict that legally established a business version of common law marriage and a $535 million judgment against Houston-based Enterprise Products Partners in favor of Energy Transfer Partners.
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