A three-judge panel of the Fifth Circuit has asked the state’s high court to answer two certified questions that will determine if two flight attendants, Marvin Sanders and Matthew Sodrok, can proceed with their suit against Boeing over the alleged malfunction of a smoke detector on one of the company’s planes.
Unprecedented Situation — Creating Case Law for the New Court of Appeals
The Senate has now approved the House’s revisions to the bill that would form the new Fifteenth Court of Appeals for commercial cases. Once the two chambers of the Legislature sign the final version of the bill, the creation of that new court awaits only the governor’s signature.
Before long, that court’s justices will take office and its docket will begin to fill with cases. As a brand new institution, the Fifteenth Court will have no precedent of its own to apply in those cases. With apologies for the pun, that court will face an “unprecedented” situation.
Baker McKenzie’s Nick Kennedy Goes to Washington
Nick Kennedy, a partner in the firm’s Dallas office, recently argued his first case before the U.S. Supreme Court. He sat for an interview with The Lawbook about the experience, the preparation and the possible ramifications of the court’s decision.
SCOTX Adopts Broad Rule on Intent to Arbitrate
The Texas Supreme Court decides a closely watched business case by finding that adoption of American Arbitration Association rules in oil and gas leases shows “clear and unmistakable” evidence of intent to arbitrate. A dissenting justice says the ruling will strip courts of power to decide whether a particular dispute falls outside the scope of an agreement to arbitrate.
Secured Lenders Beware: Amarillo Court of Appeals Draws Line Between “Disposition” and “Transformation” of Collateral
In a case of first impression in Texas, a divided panel of the Amarillo Court of Appeals recently recognized a key distinction that should be carefully considered by any creditor relying on the PMSI exception — namely, there is a difference between the “disposition” and the “transformation” of collateral.
SCOTX Chief Justice Gives State of Judiciary Address
Chief Justice Nathan Hecht spoke for almost 40 minutes Wednesday, supporting a variety of proposals that he said would increase court efficiencies, the caliber of judges and access to justice. “If the justice system were a business, and its customers had any choice, it would be in bankruptcy,” Hecht said.
PUC Appeals Court Decision Striking Down $9K Electric Rates During Winter Storm Uri
The Public Utility Commission of Texas claims that a decision issued 11 days ago by a Texas appeals court declaring that the emergency pricing orders issued by the agency in 2021 during Winter Storm Uri were unlawful needs to be immediately reversed because it “has thrown Texas’s electricity and associated markets into confusion.”
Lawyers for the PUC filed an official petition for review with the Texas Supreme Court on Friday arguing that the Third Court of Appeals in Austin “had no jurisdiction to validate or invalidate already-expired orders.”