Free Speech, Due Process and Trial by Jury
Dallas trial lawyer Bill Brewer should not have been sanctioned by a Lubbock judge for conducting a survey or poll months before a trial because there “is no evidence” that the controversial attorney acted in bad faith or tried to improperly tamper with the jury process, the Texas Supreme Court ruled Friday.
A new tool is now available for companies sued in Texas, Louisiana or Mississippi, thanks to a recent Fifth Circuit decision. Nicholas Sarokhanian of Holland & Knight explains.
A decision issued Monday in the U.S. Supreme Court narrowed the scope of what can be appealed during an inter partes review of patent cases, providing some clarity to portions of the America Invents Act. The case originated in a Texas court and pitted two Dallas lawyers against each other at oral argument.
The Supreme Court of Texas took the unusual step of vacating a lower court decision in an already moot case involving the Texas Education Agency. In a per curiam decision, the court said it wanted to avoid future “gamesmanship” on issues of public importance. Janet Elliott has the details.
Patrick O'Connell is an Austin-based solo whose practice is almost exclusively qui tam cases. He chases fraud on behalf of clients in cases in which the State of Texas is on his side. But in a case now officially before the U.S. Supreme Court, O'Connell finds himself facing off against the Lone Star State in a challenge to its COVID-19 abortion restrictions. The Lawbook's Tony Mauro explains.
The Fifth Circuit recently confronted a classic “economic loss rule” problem under Texas law. While the case involved a dispute about the operation of a power turbine, the legal framework described by Golden Spread could easily set the ground rules for future business tort litigation arising from the COVID-19 crisis.
When the Texas Supreme Court convened for oral argument Wednesday, it wasn't in the familiar halls of the court, but in virtual space. Honoring COVID-19 stay-at-home directives, the court conducted oral arguments in three cases via teleconferencing, becoming only the second state supreme court in the nation to do so (Ohio apparently beat them by a day). Bottom line: The technology performed smoothly for the most part, appellants got their virtual day in court and some of the justices got to wear their robes at home. Janet Elliott describes the court's first argument in W&T Offshore v. Fredieu
The Texas Supreme Court issued a new emergency order Wednesday that officially stays or tolls “any statute-of-limitations deadlines for the filing or service of any civil case” between March 13 and June 1. The new order takes discretion away from trial judges.
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