Industry groups argue the burden of proof as to whether property damage is caused by a covered or uncovered cause has erroneously shifted to policyholders when it should be on the insurers. As hurricane season approaches its traditional peak in the state, the Texas Supreme Court will hear oral arguments on Sept. 21 in the dispute that could have major implications for insurance policyholders.
Texas Supreme Court Accepts ERCOT’s Appeal over Immunity
The Supreme Court of Texas agreed late Friday to hear the two cases brought by electric power companies against the Electric Reliability Council of Texas that involved billions of dollars individually and could impact tens of billions of dollars at stake in thousands of lawsuits related to Winter Storm Uri. The two cases, which are unrelated to each other, are likely to be argued jointly because the same questions are at the heart of both matters: Is ERCOT a division of state government and is it immune from civil lawsuits?
Fifth Circuit Judge Gregg Costa’s Exit Interview: ‘A Monumental Loss’ for the Courts
As Gregg Costa neared graduation at Dartmouth College in 1994, he faced a choice: Follow his dream and go directly to law school or take a couple gap years and get a job. He chose the latter. The decision changed his life forever. Last week, Costa stepped down as a judge on the U.S. Court of Appeals for the Fifth Circuit to return to private practice, stunning nearly everyone in the legal community and left lawyers and judges asking why a 50-year-old just one step away from the U.S. Supreme Court would give up a lifetime appointment.
In an exclusive interview with The Texas Lawbook, Costa said there were a handful of reasons. At 50, he believed he needed a change. The makeup of the Fifth Circuit left the more moderate Costa in the minority on issue after issue. But Costa’s decision to leave the Fifth Circuit – like many of his biggest career choices – can be traced back to Sunflower, Mississippi, an impoverished town of 1,100 and his two years of teaching third and fourth graders.
Photo: Sharon Ferranti
Appellate Partners Preview Texas Supreme Court Cases To Watch This Term
Appellate partners with Alexander Dubose Jefferson, Beck Redden and Haynes and Boone told 180 attendees during a continuing legal education webcast Wednesday about four cases the Texas Supreme Court will hear this term and why they’re important.
Abortion, Texas Republicans and the Slaughterhouse Cases: A Collision Ahead
Despite the recent threats of conservative lawmakers to impose civil and criminal penalties on Texas residents seeking an abortion in another state, the privileges-or-immunities clause and the dormant commerce clause can protect interstate travel for those parties. But will they given the current makeup of the federal courts?
Bobbleheads and Smoked Brisket at SCOTUS: Recollections and Advice from Former Supreme Court Law Clerks Who Now Practice in Texas
Washington D.C. may have an allure as the “Nation’s Capital,” but Texas certainly has demonstrated its own allure: of wide-open spaces, the Dallas Cowboys, longhorns, Willie Nelson, SXSW to name a few. But Texas has also attracted its share of those top-tier lawyers whose résumés denote them as a former clerk to a U.S. Supreme Court justice.
It’s a rarified distinction, and The Lawbook’s Tony Mauro interviewed a baker’s dozen of them about the path they took to get there, about their experiences inside and about their decision to bring their elite professional skill sets back to Texas. It is safe to say that they remain awed by the experience.