Texas Supreme Court to Decide ‘Fair Report Privilege’ in Closely Watched Libel Case

Major news organizations want the Supreme Court of Texas to maintain strong libel defense protections for journalists who report on government investigations. The media outlets, including The Dallas Morning News and the Houston Chronicle, say journalists should be able to report on factual information obtained from government reports or official proceedings without fear of being sued for failure to include information not contained in the report and unknown to them.

March 6, 2016 Janet Elliott

Texas Justices Green, Guzman and Lehrmann Discuss their Primary Victories

The three sitting Texas Supreme Court justices – Paul Green, Eva Guzman and Debra Lehrmann – won their Republican primary races Tuesday. Two of the races were closer than court watchers predicted.

March 2, 2016 Mark Curriden

DMN: Texas Chief Justice Writes about Justice Scalia’s Legacy

Justice Scalia believed that words matter. Words of the Constitution matter. The framers chose them, the Congress endorsed them, and the states ratified them. They were discussed and debated in communities and through the media across the country. Those words, we decided, are what the government should be. Words matter.

February 15, 2016 Mark Curriden

SCOTX Denies Chesapeake’s Request for Rehearing in Hyder Case

The Supreme Court of Texas upheld its ruling from last year when the majority interpreted a drilling lease as clearly excluding post-production costs from royalties.

February 4, 2016 Mark Curriden

Texas Supreme Court Weighs Jurisdiction in ERG’s $100 Million Suit Over Failed Deal

A series of emails and phone calls from a Canadian company to Texas concerning a hotly contested stock purchase are the focus of arguments in a $100 million contract-interference dispute under consideration by the Texas Supreme Court. The justices are e court is weighing whether ERG Resources, a Houston independent oil and gas operator, has the right to proceed in Texas courts with its claims against its Canadian rival for assets in Colombia.

February 3, 2016 Janet Elliott

SCOTX to Decide on Small Tobacco Manufacturer Taxation Case

The Texas Supreme Court is considering the constitutionality of a special tax the state started levying against small manufacturers of discount cigarettes in 2013. At the urging of Big Tobacco, the state instituted a $0.55 per pack charge to cigarette makers not involved in the $17.3 billion settlement in 1998. This story has all the details in the dispute.

January 29, 2016 Janet Elliott

Houston Lawyer Helps Sutherland Develop App that Opens Gateway to TX Courts

Sutherland Asbill & Brennan enlisted David Baay, a partner and co-head of the energy litigation section of the firm's Houston office, to develop a mobile app specific to Texas. The app, called Texas openCourts, launched in late 2015 and allows users to locate state and federal courts, learn about the background of judges and access local federal court rules. “I wanted something that would be the most useful,” Baay said. “Quickly, court information came to mind.”

January 26, 2016 Janet Elliott

Federal Litigation in the Fifth Circuit in the New Year

The vibrant Texas economy drives business disputes into federal court and ultimately, the U.S. Court of Appeals for the Fifth Circuit. This article identifies ten recent cases from the Fifth Circuit that will likely influence commercial litigation in the year ahead. The specific areas of law include forum selection, federal jurisdiction over class actions, arbitration, civil procedure, and the substantive fields of antitrust and trademark.

January 14, 2016 David Coale

The Sherman Act Lives: 5th Circuit Affirms $150 Million Antitrust Conspiracy Judgment

The federal appeals court decision is a likely landmark in the modern law of antitrust conspiracy. The opinion unhesitatingly applies longstanding rules about “per se” antitrust liability instead of engaging in the more complex economic analysis that has dominated in recent years.

November 29, 2015 David Coale

Justice Guzman: Texas Lawyers not doing Enough Pro Bono

Half of Texas lawyers donate their services to needy clients, but it isn't enough, Justice Eva Guzman told a Texas Access to Justice luncheon Monday. The value of this work was estimated to be more than $500 million in 2013. Guzman and Chief Justice Nathan Hecht also presented three Texas legislators, state Reps. Todd Hunter, Morgan Meyer and Kenneth Sheets, with its Legislative Hero Award.

October 27, 2015 Janet Elliott

Pipeline Giants take Billion-Dollar Battle to Texas Appellate Courts

This week, three judges on the Dallas Court of Appeals are expected to be chosen to hear the appeal of Energy Trans Partners' $500 million judgment against pipeline competitor Enterprise. Legal experts say could be the biggest and most important business dispute between two Texas companies since Pennzoil clobbered Texaco in the mid-1980s for $10 billion. Both companies have beefed up their legal teams with high-priced legal talent to do battle once again.

October 27, 2015 Mark Curriden

5th Circuit: No Class Action About Multi-Level Marketing Program

Victims of pyramid schemes, in the context of a large multi-level marketing program, cannot bring a class action, the U.S. Court of Appeals for the Fifth Circuit has ruled. The decision could have a significant impact because multi-level marketing programs (Amway, Herbalife, etc.) are widespread in the modern economy, and the details of their operations affect millions of people involved with those businesses.

October 22, 2015 David Coale