Free Speech, Due Process and Trial by Jury
Trial lawyers who spoke to The Lawbook said the ruling in Gregory v. Chohan didn’t offer much clarity on the proper evidentiary standard for noneconomic damages awards. Justice John Devine, who agreed with the plurality that an improper closing argument likely influenced the damages award and mandates a new trial, decried the new evidentiary standard advocated for by three justices as “impossible” to meet.
Plaintiffs' lawyers suing more than 90 energy companies for alleged market manipulation of natural gas prices during Winter Storm Uri are asking a Houston judge to separate their lawsuits from the more than 300 other wrongful death, personal injury and property damage cases currently consolidated in the MDL in Houston. Data analytics firm CirclesX Recovery argues its lawsuit is legally different from the others and should be handled outside of the MDL.
The “Texas Miracle” is by all accounts a real thing. There is little doubt that Texas businesses have thrived in the confluence of conditions existing in Texas for the past couple of decades. Then why would the Texas Legislature strive to place hardships on Texas businesses by making it more difficult for them, as property owners, to recover the full cost of repair for construction defects?
Cindy V. Tisdale, a partner at Goranson Bain Ausley in Granbury, was sworn in June 22 as the new president of the State Bar of Texas. Tisdale, who practices family law, answered questions from The Lawbook about why she sought to lead the organization and what her goals are.
Clouston, who led the Texas litigation practice at Alston & Bird, said she has seen an increase in large disputes being filed in the state.
Memories of muted microphones, strange filters and unprecedented courtroom access are recalled during a recent Open Government Seminar at the state bar's annual convention. A panel discussion on post-pandemic court proceedings found some glitches but also much to like about remote and hybrid hearings.
In this edition of Litigation Roundup, the Texas Supreme Court sides with an attorney who got zero compensation for his shares when he and his old firm parted ways, McKool Smith secures a unanimous $4 million jury verdict for a software company client and Baker McKenzie notches a SCOTUS win.
Bracewell partner W. Stephen Benesh was sworn in as president-elect of the State Bar of Texas June 22 during the annual meeting in Austin. He answered questions from The Lawbook about why he wanted to take a leadership role and what his goals are.
The bill would prohibit an insurer from using a score based on environmental, social or governance characteristics — commonly referred to as ESG — to charge a rate different than the rate charged to another business in the same class for essentially the same hazard. But its success depends on whether there's a problem to begin with. And some Texas insurance practitioners think that really isn't the case.
The Lawbook has pulled together some highlights of past battles won, lost and settled between the four Houston lawyers leading the prosecution and defense in Ken Paxton’s Senate impeachment trial. Dick DeGuerin, Rusty Hardin, Dan Cogdell and Tony Buzbee have all handled blockbuster trials in their legal careers, but here we explore instances where they were involved in the same case.
In the years since Reconstruction, the Texas House of Representatives has impeached five officials. Two were convicted by the Texas Senate. The most recent was a state district judge 48 years ago. Two were acquitted, in 1893 and 1931, respectively. And now Attorney General Ken Paxton awaits his Senate trial. If convicted, he would be just the third Texas elected official removed from office by impeachment. Texas Lawbook writer Bruce Tomaso looks back to those past impeachments and what insights they might provide.
In this edition of Litigation Roundup, a Texas federal judge threatens to toss a minority investor suit against Blackstone Inc., a Houston boutique notches a PTAB win against Apple, and the Texas Supreme Court agrees to hear a suit stemming from the handling of a fen-phen settlement.
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