Appeals Court Upholds Part of Verdict for Fired Southwest Flight Attendant, Tosses Religious Training Order

Southwest Airlines won partial relief from a jury verdict in a case involving the firing of a flight attendant over antiabortion messages she sent to her union president. The U.S. Court of Appeals for the Fifth Circuit ruled Thursday that while the airline violated Charlene Carter’s right to religious expression, it did not break federal laws banning religious discrimination in the workplace. The court also struck down U.S. District Court Judge Brantley Starr’s order requiring three of the airline’s attorneys to attend religious liberty training with a Christian legal group.

May 8, 2025 Krista Torralva & Mark Curriden

Lawyer Says Lack of ‘Independent Verification’ to Blame for Nonexistent Case Cites

A lawyer who filed an appellate brief that included four cases the Fifth Court of Appeals could not locate has explained that the culprit is “relying on third-party research without independent verification.” “This has been a humbling and embarrassing lesson in the importance of verifying every citation at its source,” Heidi Rochon Hafer wrote in a response filed April 20.

April 22, 2025 Michelle Casady

Another Case of Missing Cases? Fifth Court of Appeals Wants Clarification 

Just six days after telling parties in a separate appeal that the court could not locate a handful of cases cited by the appellant, the Fifth Court of Appeals in Dallas on Wednesday told a man representing himself in a child custody case that it couldn’t locate eight cases he cited. 

April 17, 2025 Michelle Casady

Justice Jeff Boyd to Retire

Justice Boyd issued a statement that he’ll be leaving the bench “near the end” of the court’s term this summer. “I am honored and blessed to have served on the Texas Supreme Court these past 12 years,” he said. “I’m especially grateful to gov. Rick Perry for appointing me to the court in 2012, to the many Texans who have encouraged, supported, and voted for me though two statewide elections, to my many court and campaign colleagues and coworkers for their friendship and inspiration, and to my wife Jackie and our children for reminding me daily of life’s most important blessings.”

April 9, 2025 Michelle Casady

Litigation Roundup: SCOTX Gets Fifth Circuit Homework 

In this edition of Litigation Roundup, the Fifth Circuit sends a certified question about judges refusing to perform same-sex marriages to the Texas Supreme Court, Tesla hires Jackson Walker to defend against a workplace death lawsuit, and we take a look at three petitions for writ of mandamus the state’s high court recently granted.

April 8, 2025 Michelle Casady

Houston Appellate Court Asked to Revive Winter Storm Uri Market Manipulation Suit

CirclesX Recovery, which describes itself as a software and data analytics company, argues MDL Judge Sylvia Matthews granted a motion to dismiss its lawsuit accusing some of the biggest energy companies of manipulating the natural gas market ahead of the 2021 winter storm, “without any analysis or explanation as to how or in what respect Appellant failed to plead its claims.”

April 1, 2025 Michelle Casady

Family of Ex-SMU Quarterback Sees CTE Case Against NCAA Revived

Roger S. Braugh Sr. played both quarterback and defensive back for the Southern Methodist University football team from 1960 until 1962. He died in March 2019 and an autopsy performed at Boston University showed the cause was stage IV CTE. A Dallas County judge dismissed the suit after agreeing with the NCAA that the two-year deadline to bring the lawsuit had lapsed.

March 26, 2025 Michelle Casady

Anti-SLAPP Law’s Automatic Stay Under Fire at Capitol

The Texas Citizens Participation Act has helped media defendants and public advocates fight meritless lawsuits aimed at intimidating them into silence. Now, legislators are reviewing the anti-SLAPP law’s automatic stay of trial proceedings during an interlocutory appeal of a motion to dismiss. Critics of the 2011 law say it is too broadly written, allowing unscrupulous defendants to delay cases that have nothing to do with free speech. The high-stakes battle is playing out at the Capitol where supporters from across the political landscape face off against powerful business interests — with observers wondering if a compromise is possible.

March 25, 2025 Janet Elliott

UPDATED: At Justice’s Request, Stephen Hammer Argues First SCOTUS Case

A fourth-year associate in the Dallas office of Gibson, Dunn & Crutcher made his first oral argument at the U.S. Supreme Court on Monday when he defended a ruling by a lower court that neither the U.S. Justice Department nor the defendant in the case believe was correct.

March 23, 2025 Mark Curriden

Justices Dig Into Preemption Issue in Boeing, Southwest Airlines Pilots Association Case

The crux of the case is whether the Railway Labor Act preempts the claims brought by SWAPA. Boeing says it does because deciding the case requires interpretation of the collective bargaining agreement between Southwest Airlines and its pilots. SWAPA says the RLA does not preempt its suit because the act only applies to claims between airline carriers and employees, and Boeing is not either of those.

March 19, 2025 Michelle Casady