Plaintiffs, objecting to the San Antonio City Council’s rejection of the restaurant chain’s location inside a San Antonio International Airport concourse, sued under a state law the Texas Legislature specially passed missed a point – the law was not retroactive. But the council’s action came well before the Legislature’s. The Supreme Court sent the case back to the trial court to allow repleading to establish jurisdictional facts – and maybe give the plaintiffs another bite at a chicken sandwich.
Southwest Airlines Brings Its Baggage to the Supreme Court
At issue is a decades-long dispute over the meaning of a clause in the FAA. Lawyers for the Dallas-based airline go before the U.S. Supreme Court on Monday to assert that its baggage loaders and supervisors can be required to undergo arbitration when they file employment complaints.

AZA Associate Sets Precedent in Fifth Circuit for Sexual Harassment Victims
Kelsi Stayart White set new precedent as an associate with the Houston-based AZA firm in the Fifth Circuit when a three-judge panel this month found for her client, a former Houston female firefighter. The unanimous holding broadens sexual harassment protection in part by allowing her complaint to proceed after she discovered an intimate video taken from her laptop had been circulating among her firehouse colleagues for nine years.

A Special Deal Too Good to Be True. And Was.
From the Texas Supreme Court: A client supposedly in Europe wants help with a debt collection and contacts a Houston lawyer by email, promising a $10,000 retainer. A bad scenario got worse. More than $380,000 wired by the lawyer to Japan: Gone. Plus: Two more cases from the SCOTX docket: SandRidge Energy Inc. v. Barfield and Baby Dolls Topless Saloons Inc. v. Gilbert Sotero.
Fifth Circuit Judges Reveal Keys to Appellate Success
Three Fifth Circuit Appeals Court judges told 500 lawyers attending the Northern District of Texas Federal Bench Bar Conference on Friday about critical mistakes that lawyers make in their briefs and oral arguments. Judge Catharina Haynes, Judge Gregg Costa and Judge James Ho provided extraordinary behind-the-scenes insight into the operation of the Fifth Circuit, including what the judges think about introductions in briefs and decisions on whether to have oral arguments. The Texas Lawbook has exclusive details.
Dallas Appeals Court Strips ERCOT of Sovereign Immunity Defense
The Fifth District Court of Appeals in Dallas ruled Wednesday that the Electric Reliability Council of Texas does not have sovereign immunity from all lawsuits and that the Texas Public Utility Commission does not have exclusive jurisdiction over all claims against ERCOT. The 12-to-1 decision has been widely anticipated because it could have ramifications in hundreds of lawsuits stemming from Winter Storm Uri in which ERCOT is a named defendant.
“To date, the supreme court has not extended sovereign immunity to a purely private entity neither chartered nor created by the state, and this court will not create new precedent by extending sovereign immunity to ERCOT,” Justice Erin Nowell wrote.
Texas Tribes to Supreme Court: Sovereignty Means B-I-N-G-O
Texas tribes will argue Tuesday that the Fifth Circuit was wrong to allow state regulation of games like Bingo on reservations that are not otherwise banned by Texas law.
Dissent Calls Fifth Circuit Decision an ‘Orgy of Jurisprudential Violence’
Two appellate judges ruled Thursday that United Airlines’ requirement that its employees be vaccinated causes “irreparable harm” to pilots and flight attendants who claim religious objections. In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit issued an unpublished and unsigned opinion ordering a federal judge in Fort Worth to reconsider issuing a preliminary injunction against the Chicago-based airline.
In dissent, Judge Jerry Smith called the majority opinion “absurd,” argued that it creates a new cause of action for every private employee in the Fifth Circuit and stated he would hide his “head in a bag” if he had written the majority’s opinion.
Fifth Circuit Judge Ho Defends Legal Scholar Who Said a ‘Lesser Black Woman’ Might Join SCOTUS
Judge James Ho said he was scheduled to talk about originalism on Tuesday at Georgetown University, but instead decided to talk about the libertarian scholar Ilya Shapiro, who came under fire for recent comments on President Biden’s pledge to appoint a black woman to the U.S. Supreme Court.
“I would submit that, if I were a law student today, and I strongly disagreed with remarks made by someone who had just recently been hired by my law school, the last thing I would do is to call for that person to be fired,” Ho said.
Food Fight: Texas and Biden Administration Squabble Over Broccoli and Ketchup in a SCOTUS Case
Texas and the Biden administration are often at legal odds with each other. But one dispute in briefs filed with the U.S. Supreme Court last week takes the cake.
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