Free Speech, Due Process and Trial by Jury
Justice James P. Sullivan has interviewed to become a U.S. District Court Judge in Austin. It would be a fast track for Sullivan, who joined the Texas Supreme Court in January. Federal Magistrate Judge Dustin Howell also is said to be under consideration for the bench once held by Lee Yeakel.
The justices fired off questions about olive oil, wine, banana bread and podiums in trying to suss out where the line should be drawn on what constitutes a product “made of tobacco or a tobacco substitute.” The decision on whether nicotine pouches can be taxed as a tobacco product could have wide implications as the popularity of the products continues to grow.
The case turned on whether Texas or Mexico law applied to the issue of res judicata, which precludes parties from relitigating disputes once there’s been a final judgment on the merits. The Eighth Court of Appeals, in a 2-1 opinion, determined the trial court gets to decide which law applies and it was not incorrect in determining the litigation of a related suit in Juarez, Mexico, barred this one in El Paso under Texas law.
After more than a dozen years on the Texas Supreme Court, Justice Jeff Boyd is leaving his spacious office and balcony where the justices decompressed after sometimes-heated case conferences. The author of 72 majority opinions and 62 dissents is considering how he can educate the public about the need for judicial independence in an era of extreme political polarization. He reflected on his role as the court’s chief dissenter in a recent interview with The Texas Lawbook.
The Texas Supreme Court heard arguments in 63 cases and issued decisions in 62 of those cases during the past term. Those cases ranged from the typical cases the state's highest court hears each year — petitions for review arising from the state courts of appeals, a handful of certified questions from the U.S. Court of Appeals for the Fifth Circuit and a few mandamus petitions — to a few cases in less common procedural postures, like an appeal from the Board of Disciplinary Appeals and a direct appeal from a trial court. One of the first questions clients often ask when seeking to reverse or defend a decision at the Texas Supreme Court is, “What are my odds?”
In this edition of Litigation Roundup, Exxon petitions the U.S. Supreme Court to halt climate change cases, a former Honeywell International employee had religious exemptions for the COVID-19 vaccine, Tesla faces a federal class action lawsuit over robotaxi safety, a $15 million jury verdict was reversed in favor of CenterPoint Energy and more.
A West Texas justice of the peace, sheriff and constable walked into a Fifth Circuit courtroom. No joke. This is the story of six residents of Loving County — together, they account for about one-tenth of the county’s total population — who took their decade-long political dispute over allegations of voter intimidation, jury fraud, “lawfare” and even cattle rustling and turned it into a billion-dollar civil rights litigation. Such is life in Loving County, population 64, but only one lawyer. (2021 file photo by David Goldman/AP)
The lawyer who represents a dozen former DNOW employees said a recent opinion by the Fourteenth Court of Appeals reversed a significant trial award and reshapes the legal landscape in Texas for trade secret and fiduciary duty claims. The appeal resulted in more than $2 million in attorneys’ fees and costs for the ex-employees, who were accused of conspiring to steal DNOW’s trade secrets.
The decision provides clarity for upstream and midstream entities, landowners and environmental tech startups grappling with the emerging value of what was once considered merely a wasteful byproduct — produced water — but now, through technological advances in recycling and mineral extraction, has the potential to become a new source of significant revenue.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit on Tuesday instructed U.S. District Judge Reed O’Connor to conduct a more thorough analysis before deciding whether to grant a motion from Media Matters to move a lawsuit to the Northern District of California.
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