Appellate tease Archives - Page 38 of 48

SCOTX Reverses $12M Judgment Against ConocoPhillips

The Supreme Court ruled Friday that a 1987 will handing down ownership of a Zapata County ranch included its mineral interests. Though it took him six charts to do so, Chief Justice Nathan Hecht showed that the mineral interests were distributed to her heirs exactly as Leonor Ramirez intended.

January 28, 2020 Janet Elliott

Appeals Court Upholds, Broadens Noncompete Injunction on Physician Recruiter

Not only does the ruling ban a former sales executive for Merritt Hawkins and Associates from conducting business in five states; it also increases the likelihood for MHA to recover damages in the trial court. Natalie Posgate explains.

January 26, 2020 Natalie Posgate

SCOTX Reconsiders Case On Jurisdiction

Having once rejected this case involving an out-of-state insulation company, the Texas Supreme Court heard arguments last week reconsidering the threshold of Texas products liability jurisdiction. Janet Elliott reports.

January 17, 2020 Janet Elliott

SCOTX Hears Case Against “Anti-Washout” Clauses

The argument before SCOTX is whether two parties can create an interest in real property that remains vested long after the agreement – or even the parties themselves – cease to be. Janet Elliott reports.

January 14, 2020 Janet Elliott

Fifth Circuit Upholds $62.9M Arbitration Ruling Against Chinese Wind Farm Investor

In a sharply-worded decision, the appeals court tells a Chinese company it can’t avoid the consequences of an agreed-upon arbitration by simply ignoring it. The beneficiaries include Dallas-based alternative energy investors.

January 9, 2020 Allen Pusey

Appellate Year-in-Review: The Fifth Circuit and SCOTX

In the appellate world, 2019 was an interesting year. The Fifth Circuit and Texas Supreme Court resolved important questions of federal and state law, providing clarity on legal standards and raising new questions to be decided in the coming years. The Fifth Circuit, for example, ruled that the TCPA does not apply in federal diversity cases, refused to limit the scope of attorney immunity and expounded upon the detail required for findings of fact.

December 26, 2019 Ben Mesches , Mark Trachtenberg & Natasha Breaux

Fifth Circuit Reviews Affordable Care Act: Now What?

The Fifth Circuit’s ruling in the closely-watched constitutional challenge to the Affordable Care Act is more notable for what it does not say than what it does. The 2-1 decision could lead to several different paths going forward. Will the new Trump appointees join forces en banc?

December 19, 2019 David Coale

Fifth Circuit Rejects Intergalactic Jurisdiction

Does Fifth Circuit federal jurisdiction extend to other galaxies? The “God of the Earth Realm” says it does and alleges that U.S. and Louisiana officials are illegally holding the “Atakapa Indian de Creole Nation” in an eternal state of “pupilage.” This is an actual case.

December 11, 2019 David Coale

Federal Circuit Reverses Part of VirnetX v. Apple $502M Verdict

VirnetX Holding’s decade-long patent infringement battle against Apple appears to be closer to a finality. The federal appeals court tossed out two of four patent violations and sent the case back to the Eastern District of Texas to recalculate damages. The Texas Lawbook explains the long and winding road.

November 23, 2019 Mark Curriden

Remembering Former Houston Chief Justice and ADR Pioneer Frank Evans

Frank Garrettson Evans, III, retired chief justice of the First Court of Appeals in Houston, Texas died Saturday at his home in Bastrop, Texas. He was 91. Often called the “father of alternative dispute resolution,” Chief Justice Evans is indelibly recorded in history as a pioneer and implementer in the field.

November 9, 2019 Al Amado