Appellate tease Archives - Page 34 of 48

SCOTX Rules Against The Episcopal Church in $100M Property Dispute

The 8-0 decision Friday by the Texas Supreme Court allows congregants who seceded from The Episcopal Church in 2006 to take church property with them. The Lawbook has the details.

May 22, 2020 Allen Pusey

Kirkland’s Fielding Explains Why a Win for a Door-to-Door Solicitor Is Actually Positive

A federal appeals court recently told a town in Colorado that it could not impose a door-to-door soliciting curfew on one of the largest pest control companies in the nation. But the ruling does more than allow the company to knock on residents’ doors at dinnertime; it’s a landmark First Amendment victory too. Natalie Posgate learned more from Jeremy Fielding, the Dallas attorney who prevailed.

May 22, 2020 Natalie Posgate

SCOTX: “Anti-Washout” Clauses Can Violate Texas Constitution

In a case closely monitored by oil and gas interests, the Texas Supreme Court has ruled that contract clauses designed to perpetuate royalty interests from lease-to-lease can violate the rule against perpetuities. But the outcome of the case itself is less explicit, as Janet Elliott, who has been following the case, explains.

May 20, 2020 Janet Elliott

SCOTX Returns “Fuzzy Animal” to 2nd COA

The City of Fort Worth’s decades-old struggle with the “fuzzy animal” exception to state gaming laws entered a new phase Friday when a unanimous Texas Supreme Court sent its case back to the Second Court of Appeals. The state’s highest court asked the lower court to make the constitutionality of Fort Worth game rooms less…well, fuzzy. Janet Elliott explains.

May 14, 2020 Janet Elliott

SCOTX: Jurisdiction Challenge Not Allowed in Parental Termination Case

The custody dispute was closely watched for its potential implications to allow challenges to other final custody rulings. It also attracted attention for the lineup of high-powered legal talent involved in the appeal. Janet Elliott has the details.

May 13, 2020 Janet Elliott

Texas Court Administration Hacked in Ransomware Attack

UPDATED: The Texas Office of Court Administration has announced that the website that serves the Texas judiciary has been the victim of a ransomware attack. Updated to include comments to The Lawbook by Chief Justice Nathan Hecht.

May 11, 2020 Allen Pusey

DBJ: Texas Central Wins Key Legal Decision for High-Speed Rail Project

The Dallas to Houston high-speed rail project won a key legal battle Thursday. Up next? Potentially the Texas Supreme Court.

May 8, 2020 Evan Hoopfer of the Dallas Business Journal

SCOTX Bill Brewer Sanctions Opinion ‘May Do Incalculable Damage to Jury System’

Four prominent trial organizations representing more than 10,000 lawyers in Texas filed a brief Friday asking the Texas Supreme Court to reverse an opinion it issued two weeks ago that tossed out sanctions against Dallas lawyer Bill Brewer for allegedly trying to taint the jury pool in one of his cases. “This opinion appears to set a new and disturbing standard,” the brief states.

May 8, 2020 Mark Curriden

Former Fifth Circuit Law Clerk Set to Make His U.S. Supreme Court Debut – By Teleconference

Texas-born Mithun Mansinghani will be making his first appearance before the U.S. Supreme Court next week as Oklahoma’s Solicitor General. Since the case will be argued via teleconference he won’t actually be appearing, but that doesn’t make the case any less important, or the pressure any less intense. Tony Mauro profiles Mansinghani and what’s at stake in the case.

May 4, 2020 Tony Mauro

High Wired: Mark Werbner’s Guide to the new SCOTUS TeleArguments

Your dog or your 4-year-old are cute additions to the office Zoom conference, but if you happen to be arguing before the U.S. Supreme Court anytime soon, you might want to get out of the house. Come Monday, the court will be taking their arguments by teleconference and the experience will be…different. We asked Dallas trial lawyer Mark Werbner for his advice on adapting the chance of a lifetime to the Age of Social Distance.

May 1, 2020 Natalie Posgate