Arbitration agreements often have carveouts for types of litigation, such as emergency injunction applications to protect intellectual property. Drafted cleanly, such a provision can save valuable time and resources. Drafted loosely, it can cause procedural delay and uncertainty about the proper place to resolve a dispute. The Fifth Circuit has some suggestions.
SCOTX Ponders Limits of Liability in Oilfield Workers’ Auto Accident
An auto accident involving oil field workers in West Texas has raised some potentially important issues of liability and the limits of worker supervision at the Supreme Court of Texas. The Texas Lawbook has details on the oral arguments in Painter v. Amerimex.
Senate Confirms Justice Willett to Fifth Circuit
The U.S. Court of Appeals for the Fifth Circuit has a new judge: Don Willett. The U.S. Senate voted 50 to 47 Wednesday to approve Willett, who served on the Texas Supreme Court for the past 12 years.
Senate Judiciary Approves James Ho and Don Willett for Fifth Circuit
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.
Appeals Court Permits Dallas Celeb Chef to Continue Using Name Pending Trial
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.
SCOTX Hears The Case of The Duplicate Lease
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.
Nina Cortell: A Lion with the Bloodline of Albert Einstein
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. Gregory Shamoun: SCOTX Reviews a $48,000 an Hour Legal Fee
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.
Updated – Judge Higginbotham, James Ho and the Reversal of Trinity Industries’ $663M Judgment
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.
Justice Willett & James Ho Nominated to Fifth Circuit
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.