A three-judge panel in the Fifth Court of Appeals in Dallas Thursday affirmed a $213 million trial court judgment against Toyota Motor Corp. The case revolved around a rear-end collision in 2016 that left two children severely brain-damaged. A Dallas jury concluded in 2018 that the injuries were exacerbated by a defective seatback design in the family’s 2002 Lexus. The Lawbook’s Natalie Posgate has details of the court’s 2-1 decision.
SCOTX Supports Electronic MAAs; Justice Boyd’s Dylanesque Dissent
When the Texas Supreme Court reversed a trial court on an issue over electronic signatures, Justice Jeffrey Boyd had a problem. The court had already decided the case, he noted in dissent, 90 years ago. The Lawbook’s Allen Pusey reviews Judge Boyd’s singular opinion in which he takes Bob Dylan along for the ride.
SCOTX Extends Immunity to Transactional Lawyers, Limits on Lawyer Media Outreach
In two decisions filed Friday, the Texas Supreme Court extended long overdue immunity from non-client lawsuits to the work of transactional lawyers, but declared limits on lawyer media outside the courtroom. The Lawbook has the details.
SCOTX Preserves 30-Year-Old Trade Secrets Rule
In a case closely observed by First Amendment advocates, the Texas Supreme Court ruled Friday that a trial court erred when it agreed to seal from public scrutiny exhibits that had been subject to trade secret protections but were revealed in open court.
Dallas Appeals Court: Ex-Clients of Ken Paxton Can List Him as ‘Responsible Third Party’ in Securities Fraud Litigation
Investment firm Unity Resources scored a significant victory Thursday in a hotly contested securities fraud litigation when the Fifth District Court of Appeals in Dallas agreed that a lower court erred in not allowing the company to name Texas Attorney General Ken Paxton as a “designated responsible third party” in the case.
SCOTX Rules Against River Authority in Hurricane Harvey Flooding Case
Property owners near Houston, whose homes were flood by waters released from a reservoir during Hurricane Harvey, won a major victory at the Texas Supreme Court on Friday when the court ruled that the agency that controls the dam has no governmental immunity from lawsuits. The Lawbook explains.
SCOTX Hands Win to Insurers in 19-Year Homeowner Mold Dispute
Friday’s opinion marks the near-end of a 19-year legal battle for Farmers Insurance and its lawyers at Norton Rose Fulbright — featuring two appeals on class certification issues, a mandamus proceeding, a jury trial and now an appeal before the Texas Supreme Court.
Efforts to Restructure Texas Appellate Courts Dropped
There will be no restructuring of the Texas appellate courts this year. The state senator who introduced legislation that would dramatically reduce the number of appellate courts has agreed to allow the bill to die in committee… for now.

Ex-Texas Solicitor General Kyle Hawkins Heads to Gibson Dunn
Kyle Hawkins, who argued four cases to the U.S. Supreme Court as Texas solicitor general, started a new job today as a partner in Texas for Gibson Dunn. A former clerk to Justice Samuel Alito Jr., Hawkins plans to boost the firm’s litigation and appellate presence in Houston.
SCOTX Hears Case Against Business Lawyer Immunity
In oral arguments at SCOTX this week, a case involving the sale of a foot ware company evolved into a fight over attorney immunity. The question is whether transactional lawyers should have the same protection as litigators against lawsuits brought by non-clients. A consortium of 51 firms in Texas had asked the court to hear the case.
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