Free Speech, Due Process and Trial by Jury
The argument before SCOTX is whether two parties can create an interest in real property that remains vested long after the agreement - or even the parties themselves – cease to be. Janet Elliott reports.
The annual Bench Bar Conference for the Northern District of Texas last week was a non-stop crush of candid judicial observations and advice litigators ignore at their risk. Here's a sampling of what attendees heard.
In a sharply-worded decision, the appeals court tells a Chinese company it can’t avoid the consequences of an agreed-upon arbitration by simply ignoring it. The beneficiaries include Dallas-based alternative energy investors.
A federal appeals court put plaintiffs’ lawyers on a monetary diet Monday when it affirmed a lower court’s decision to toss a lawsuit that claimed Dr Pepper/Seven Up falsely led consumers in California to believe that Diet Dr Pepper could help them lose weight. The opinion also provided an unexpected vocabulary lesson on the word 'diet.' Natalie Posgate explains.
In the appellate world, 2019 was an interesting year. The Fifth Circuit and Texas Supreme Court resolved important questions of federal and state law, providing clarity on legal standards and raising new questions to be decided in the coming years. The Fifth Circuit, for example, ruled that the TCPA does not apply in federal diversity cases, refused to limit the scope of attorney immunity and expounded upon the detail required for findings of fact.
The Fifth Circuit's ruling in the closely-watched constitutional challenge to the Affordable Care Act is more notable for what it does not say than what it does. The 2-1 decision could lead to several different paths going forward. Will the new Trump appointees join forces en banc?
Does Fifth Circuit federal jurisdiction extend to other galaxies? The "God of the Earth Realm" says it does and alleges that U.S. and Louisiana officials are illegally holding the “Atakapa Indian de Creole Nation” in an eternal state of “pupilage.” This is an actual case.
VirnetX Holding’s decade-long patent infringement battle against Apple appears to be closer to a finality. The federal appeals court tossed out two of four patent violations and sent the case back to the Eastern District of Texas to recalculate damages. The Texas Lawbook explains the long and winding road.
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