Analysis – Fifth Circuit Limits the Sherman Act: ‘Disreputable’ is not ‘Anticompetitive’

The federal appeals court has reversed a $340 million antitrust judgment and placed significant limits on the activity to which antitrust laws apply. This case is a forceful reminder that a good business tort claim does not equate to a good antitrust claim – or, even any antitrust claim at all. It is also a reminder of two broader points about how the Fifth Circuit approaches business tort claims arising from federal law.

December 6, 2016 David Coale

Did Dallas Court of Appeals Err by Using Wikipedia?

An appeals court’s use of Wikipedia to define the term “welfare queen” is under review by the Texas Supreme Court in a closely watched libel case involving D Magazine. Media groups urge the court to be cautious in embracing online sources, particularly an open-source website like Wikipedia. The online “encyclopedia” allows users to make and edit entries, which may heighten the potential for inaccurate and biased information.

November 30, 2016 Janet Elliott

Texas Supreme Court Ponders Level of Cross-ownership Allowed in Alcoholic Beverage Permit Case

In a case with potentially huge implications for beer and wine retailers, the Texas Supreme Court is weighing how much of a stake in a brewery could trigger Texas laws designed to separate brewers and retailers. Mexican convenience store operator Cadena Comercial is appealing the state’s denial of a permit to sell beer and wine in its planned Texas stores. Wal-Mart and other retailers are closely watching the case to see if the court adopts a strict “single-share” standard in determining ownership interests.

November 10, 2016 Janet Elliott

Fifth Circuit Accepts Sam Wyly Bankruptcy Appeal

Lawyers for Sam Wyly and his deceased brother were granted permission Thursday to appeal Bankruptcy Judge Barbara Houser's ruling that the Wylys committed tax fraud and owe $1 billion to the IRS directly to the U.S. Court of Appeals for the Fifth Circuit. The appellate court agreed to allow the Wylys to skip the usual step of having a federal district judge review their case. The Texas Lawbook has the details.

November 10, 2016 Mark Curriden

Exclusive: Trinity Fights for Legal Principle, Dignity & Billions of Dollars

Two years ago today, an East Texas jury ruled that the Dallas-based Trinity Industries violated the False Claims Act when it failed to inform federal officials that it modified its highway guardrails but kept promoting the product as approved. The verdict was $663 million – the largest in the history of the FCA – and opened the door to a flood of lawsuits that seek billions of dollars in damages against the company. Now, Trinity Industries is in a legal war for its financial life and its reputation. What happens next could impact whistleblower lawsuits for decades to come. The Texas Lawbook examines the case and Trinity's legal strategy.

October 20, 2016 Mark Curriden

Supreme Court Revisits Pipeline Eminent Domain Issue

The Texas Supreme Court is revisiting the high-profile issue of when pipelines are common carriers allowed to condemn private property. Once again the dispute involves the Denbury Green Pipeline that transports carbon dioxide through southeast Texas.

October 9, 2016 Janet Elliott

Fifth Circuit Opens Door to More RICO Class Actions

Plaintiffs seeking class action status in federal civil racketeering lawsuits in Texas, Louisiana and Mississippi involving pyramid scheme saw their path to victory in the courtroom get significantly easier this weekend. In an 11—5 en banc decision, the Fifth ruled that a trial judge in Houston was correct when he granted class action status to alleged victims in a lawsuit against a multilevel marketing unit of utility provider Stream Energy. Legal experts say the signals a major shift by the appeals court.

October 3, 2016 Mark Curriden

Legal Pioneer and Texas Justice Barbara Culver Clack Died Sunday

Barbara Culver Clack, the first woman to practice law in Midland and the second woman to serve full time on the Texas Supreme Court, died Sunday in Midland. She was 90. Born in Dallas and a 1951 graduate of the SMU Dedman School of Law, Clack was appointed to the state’s highest court in 1988 by Gov. Bill Clements.

September 15, 2016 Mark Curriden

Fifth Circuit Rules in Favor of NFL in Super Bowl Seating Case

A federal appeals court has tossed out an appeal filed by football fans affected by the 2011 Super Bowl seating fiasco in Dallas who were unsatisfied with essentially every outcome of their lawsuit against the National Football League that went to trial last spring.

September 12, 2016 Natalie Posgate

Appeals Court: Planet K’s Ron Paul Sign Trumps Highway Beautification Act

In a unanimous ruling, the Texas Third Court of Appeals in Austin ruled that the core of the Texas Highway Beautification Act, which regulates highway signs and billboards, is unconstitutional because it is content-based by cracking down on various billboards and signs differently based on their message. It is a slam-dunk win for Houston attorney Meredith Parenti and her client, who displayed a Ron Paul sign in front of his Highway 71 store only to get sued by the state for doing so.

August 30, 2016 Natalie Posgate

Chief Justice Hecht Favors UNT Law Grads Taking State Bar

Texas’s highest ranking judge said he supports UNT Dallas College of Law’s first class of graduating students taking the Texas bar exam next July – even if the American Bar Association refuses to give its stamp of approval.

August 18, 2016 Natalie Posgate & Mark Curriden

TV Station to Seek Legal Fees After Texas Supreme Court Win in Defamation Case

A Beaumont TV station is seeking attorney’s fees under the Texas Citizens Participation Act after winning dismissal of a libel lawsuit filed over a broadcast about a doctor’s disciplinary order. In its first decision involving a media defendant seeking dismissal of a defamation case under the act, a divided Texas Supreme Court last month reversed an appeals court and a trial court that had denied the station’s motion to dismiss.

July 12, 2016 Janet Elliott