Fifth Circuit’s Top Five Business Litigation Cases for the First Half of 2012

The five important business cases from the U.S. Court of Appeals for the Fifth Circuit in the first half of 2012 show a pragmatic, step-by-step approach to business cases. The Court tested whether an arbitration clause comported with basic principles of contract law, parsed each line of a pleading to test its sufficiency, enforced each element of the basic test for personal jurisdiction, and methodically applied Daubert to complex expert testimony. The five cases illustrate the work of a court that takes seriously the “blocking and tackling” basics of commercial disputes.

July 9, 2012 David Coale

Texas Court Sets Early Hurdle for Age Discrimination Claims

Fired public employees who are replaced by older workers must present additional evidence for case to continue, says Texas Supremes in 6-3 ruling.

June 29, 2012 Janet Elliott

Healthcare Lawyers: Supreme Court Decision “Anti-Climactic” and Business As Usual

Ruling leaves Texas scrambling to implement law and employers debating whether to continue providing coverage for their worker.

June 28, 2012 Janet Elliott

Oncor Wins Ruling in Condemnation Dispute with DART

Texas Supreme Court says 2011 law extended utilities’ power to run lines over commuter railway

June 22, 2012 Janet Elliott

Federal Judge: Arbitration has Failed to Live Up to Billing

U.S. District Judge Xavier Rodriguez says arbitration is no longer faster or less expensive.

June 14, 2012 Janet Elliott

Texas Supreme Court Rules for Johnson & Johnson in Fraudulent Marketing Case

Justices reverse $4.8 million jury award to patient who said promotional video failed to disclose lupus could be a side effect of drug she was taking for Crohn’s disease.

June 8, 2012 Janet Elliott

Mandatory Pro Bono Best Way for Lawyers to ‘Pass it Forward,’ says Supreme Court’s Medina

All six of the other candidates running for the Texas Supreme Court say free legal representation should be voluntary. Only half of Texas lawyers are doing pro bono work, meeting a mere 20 percent of low-income Texans’ civil legal needs.

May 25, 2012 Janet Elliott

Judges & Lawyers Try to Explain High Appellate Reversal Rates

Dallas Appeals Court Chief Justice says Bench has no bias against jury verdicts or plaintiffs.

May 9, 2012 Janet Elliott

Texas Courts of Appeal Appear Distrustful of Civil Jury Verdicts

Haynes and Boone study shows that appellate judges are especially hostile to verdicts for plaintiffs.

May 2, 2012 Janet Elliott

UT Hires Latham & Watkins To Argue Discrimination Case

University of Texas pays Los Angeles-based firm $1 million to argue landmark case at the U.S. Supreme Court. Legal team will include a former solicitor general under the Bush administration and two lawyers who won a 2003 case for the University of Michigan Law School.

April 23, 2012 Janet Elliott

Fifth Circuit Panel Appears Skeptical of Challenge to Open Meetings Law

Fifteen elected city leaders in Texas claim law suppresses their free speech.

April 5, 2012 Mark Curriden

Texas Supreme Court Rules for Private Beachfront Property Owners

Justices say public beaches may become private when a hurricane alters the coast line.

March 30, 2012 Janet Elliott