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.
SCOTX Considers Future of Lawsuit against Payday Lenders
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.
SCOTX Considers the Future of a Lawsuit Against Payday Lenders
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.
Sharply Divided 5th Circuit Rejects J&J’s Mandamus Request in Hip Implant MDL
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.
It’s All in the Draw: Ken Starr Tangles with Judge Edith Jones in J&J Hip Implant Mandamus
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.
Updated – Dallas Appeals Court: ‘No partnership between Enterprise and ETP’
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.
Former Texas Appeals Court Justice Rebeca Huddle Returns to Baker Botts in Houston
Huddle authored more than 400 majority opinions during her time on the First Court of Appeals.
Texas Supreme Court Reverses Appeals Court on Non-Resident Jurisdiction
The Supreme Court of Texas ruled Friday that a Texas court has no jurisdiction over non-resident defendants in a lawsuit filed by Pepsi-Cola Metropolitan Bottling Company Inc.
Reversing a ruling by the 14th Court of Appeals in Houston, the court ruled that neither routine discussions involving Texas lawyers nor the administration of a trust fund in Texas changed the fact that the underlying misconduct alleged by Pepsi—fraudulent transfer and tortious interference—occurred as the result of a settlement agreement reached in New York.
Dallas Appeals Court Chief Justice Carolyn Wright to Receive Texas Women Lawyers Award
The TWL Pathfinder Award is given each year to an individual who has championed the advancement of women in the law and who exemplifies professionalism, leadership, and commitment to the public interest.