Cheryl Butler, a former Southern Methodist University law professor, sued the university and several former colleagues in 2016, bringing claims for defamation, fraud and conspiracy to defame. She appealed to the Fifth Circuit in January 2023, the same month U.S. District Judge Ada Brown dismissed her case with prejudice after agreeing that the Texas Commission on Human Rights Act preempted the claims. The Texas Supreme Court heard oral arguments Tuesday in the case that will determine whether Butler will be allowed to proceed with a defamation claim against her former coworkers, who she alleges played a role in her being denied tenure in 2016.
SCOTX Considers Foreseeability of Cross-Median Crash
The deadly crash happened in December 2014 on an icy interstate near Odessa when a pickup truck carrying a woman and her three children crossed into the path of an 18-wheeler helmed by a driver trainee. Trucking and business interests decry the $116 million Harris County trial judgment as an outlier among commercial vehicle cases.
Update: GOP Considers Appeal in Dallas Appeals Court Election
Thompson Coe litigation partner Matthew Kolodoski, a Republican candidate for the Fifth Court of Appeals in Dallas, will have to decide in the next few days whether he will challenge the official election results in his race against his Democratic opponent, Dallas Criminal Court Judge Tina Clinton. When votes were tallied on election night, Nov. 5, Kolodoski was unofficially declared the winner, leading Judge Clinton by 1,512 votes. But mail-in and provisional ballots were counted, there was a 3,000-vote swing in Judge Clinton’s favor.

Hecht, Yes! Longest-serving SCOTX Member Had Unparalleled Impact on Business Litigation, Legal Aid
Not since the frontier days when Texas jurisprudence was being developed from Spanish law has there been a Supreme Court justice as influential as Nathan Hecht. While serving on the court for 35 years as a justice and chief justice, Hecht was a leader in the court’s transition from a plaintiffs-oriented body to one that pleased the business community with skepticism about large jury verdicts in tort cases. He played key roles in writing procedural rules that make litigation more efficient and vigorously advocated for civil legal services funding. As the longest-serving judge in Texas history hangs up his judicial robe due to state-mandated retirement, he recalls elections past and decisions that helped shaped the current court.
Fifth Circuit Affirms Dismissal Of ‘Anti-Woke’ Hiring Bias Suit
The case implicated issues at the forefront of the American social, political and legal consciousness. Practically speaking, the decision has implications and reminders for employers in the education sector and beyond.
Democratic Judge Tina Clinton Claims Late Victory in Dallas Court of Appeals Election
The news of an all-Republican sweep of the Texas Fifth Court of Appeals in Dallas last week was premature.
Citing mail-in ballots and provisional voting from Dallas County and Collin County, multiple sources have told The Texas Lawbook that Dallas County Criminal Court Judge Tina Clinton, a Democrat, appears to have flipped the election results and won her race for the Dallas appeals court against Thompson Coe commercial litigator Matthew Kolodoski.
Appellate Lawyers Talk About Impact of Judicial Elections
An Election Day “red wave” has left the Texas legal world scrutinizing incoming justices and trying to determine what changes may be coming to the intermediate appellate courts in the state’s most urban areas.
15th COA Hears First Arguments in Cases Involving State Entities
Justices on the newly created court engaged in spirited questioning over appeals involving DPS’ Uvalde school shooting records, the AG’s biometric data case against Google, and the firing of a Crowley ISD teacher who pinned down a student. Lawmakers gave the court broad authority over appeals involving the state and cases from the new business courts.
Fifth Circuit Sides with Southwest Pilots Union in Fight with Airline
The Monday ruling from a three-judge panel undoes a September 2023 order from U.S. District Judge Barbara M.G. Lynn dismissing the complaint and effectively kicking the case to arbitration. Judge Lynn had concluded that the union failed to show there was “anti-union animus” that would have created an exception and allowed the case to proceed in district court.
Litigation Roundup: Rehearing at Fifth Circuit Goes Tesla’s Way in NLRB Dispute
In this edition of Litigation Roundup, we detail a 9-8 ruling from the Fifth Circuit that wiped out a National Labor Relations Board ruling against Tesla, offer new details on who is defending SpaceX in a fight with a neighboring South Texas landowner, and highlight a U.S. Supreme Court ruling that hits pause on a Fifth Circuit ruling in a case centered on the regulation of horseracing.
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