The Texas Supreme Court last week remanded a controversial jury award on legal fees back to a Dallas court for retrial. The court decided that expert testimony instrumental in the $7.25 million ruling for Dallas lawyer Gregory Shamoun was insufficient to justify the claim. The case is the latest in what the court itself called a “spiderweb of litigation” involving Albert Hill Jr. Natalie Posgate has the details.
SCOTX On Retained Acreage Conflicts: Lawful Contracts Rule
In two closely-watched cases decided Friday, SCOTX defended its seemingly conflicting views on state regulation of retained acreage. Chief Justice Nathan Hecht says it’s actually pretty simple: contracts mean what they say. Janet Elliott explains in The Texas Lawbook.
SCOTX: SA School Teacher Bullied, Not Sexually Harassed. Case Closed.
The Texas Supreme Court ruled Friday invalid a complaint of same-sex sexual harassment. The behavior, which involved two female middle school teachers, was not shown the be motivated by sexual desire. Critics say the decision undermines the rights of workers at an important moment of social awareness. Janet Elliott has the details in The Texas Lawbook.
SCOTX To Orca: ‘Vague Assurances’ Should Have Been A Clue
In hot pursuit of mineral leases in the frenzied 2010 Eagle Ford Shale play, Orca Assets paid $3.2 million for six leases in DeWitt County that they later discovered belonged to another company. Rather than simply accept a return of their cash, Orca sued the owner’s agent, accusing them of fraud, demanding $400 million in unrealized revenues. On Friday, the Texas Supreme Court suggested that Orca should have known better. Janet Elliott reports on the court’s reasoning in The Texas Lawbook.
SCOTX Upholds Legislative Tax Formulas
In a decision that could significantly impact school funding in the oil patch, the Texas Supreme Court ruled that statutory formulas setting valuations for business and personal property are not unconstitutional. Janet Elliott explains the ruling in The Texas Lawbook.
Analysis: Is Dallas Appeals Court Ready for a Shake Up?
There are 31 different appellate judgeships on primary ballots across Texas. But the Fifth Court of Appeals should get more attention than the rest. Eight of the 13 seats on the Dallas appeals court are up for election. There are two vacancies, the chief judge’s chair is open and Democrats have narrowed the vote margins in recent years. With an unprecedented number of judicial spots up this election cycle, the Fifth Court has the potential to undergo dramatic and transformational change.
Texas Courts’ Passion for Arbitration Continues in Payday Lender & Dallas Topless Club Cases
Proponents of binding mandatory arbitration scored two huge victories this week in the Texas appellate courts. In two separate and unrelated rulings, the Texas Supreme Court and the Dallas Court of Appeals ordered plaintiffs in two cases – a group of customers alleging they were illegally victimized by a payday lender and an exotic dancer suing a strip club for gross negligence – to litigate their claims through private arbitration instead of the public court system.
SCOTX: Lawyer-Client Privilege Applies to Patent Agents
Patent agents who provide authorized legal services may invoke attorney-client privilege to withhold client communications, the Texas Supreme Court ruled Friday. The ruling supports Andrew Silver, the inventor of tablet technology for ordering and paying the tab at a restaurant. Silver claims Tabletop Media failed to pay him for his patent and is fighting a Dallas trial court’s order compelling the production of emails between Silver and his non-attorney patent agent. The Texas Lawbook has complete details.
SCOTX: Mental Anguish Damages Possible for Negligent Mishandling of Corpse
Mental anguish damages might be available in a case alleging negligent mishandling of a corpse, the Texas Supreme Court ruled Friday, sending a recently argued case back to a Brown County court for trial. The justices upheld a ruling by the 11th Court of Appeals in Eastland that Nelson, Lobban’s only adult child, had common law and statutory rights as next of kin to determine the disposition of his mother’s remains.
Flying Pig Spotted: Fifth Circuit Grants Mandamus Relief in Privilege Dispute
The U.S. Court of Appeals for the Fifth Circuit is famously reluctant to grant a mandamus petition. The court recently invoked authority from 1881 as the reason for denial. But last week, a Fifth Circuit panel in a case that received little attention granted mandamus relief as to a finding of an extensive waiver of attorney-client privilege. This Texas Lawbook article explains the case and why it matters.