Appellate tease Archives - Page 41 of 47

Appeals Court Strikes Down Tony Romo’s Case Against NFL… Again

Dallas’ Fifth Court of Appeals has affirmed a summary judgment for the National Football League that dismissed a lawsuit Tony Romo and his company, The Fan Expo LLC, brought against the league related to a failed fantasy sports event. It’s the second time for the NFL to prevail against the famed Dallas Cowboys quarterback-turned-sports announcer-turned-amateur golfer.

May 23, 2019 Natalie Posgate

Court of Appeals Considers Whether TCPA Applies to Noncompetes in TX

A three-judge panel heard oral arguments Tuesday in a contentious noncompete dispute that is currently deadlocked in an interlocutory Texas Citizens Participation Act battle. Although, a new bill passed by the Texas House might make the debate irrelevant soon. Natalie Posgate has the details.

May 15, 2019 Natalie Posgate

SCOTX Dismisses Defamation Suit Against DMN, Kevin Krause

The Supreme Court of Texas has tossed out a defamation lawsuit against the Dallas Morning News, reversing two lower courts that declined to do so despite it involving a situation that the Texas Citizens Participation Act was actually designed to protect a media outlet in.

May 10, 2019 Natalie Posgate

SCOTX Rules In Oyster Case

The Texas Supreme Court has ended part of a long-running inter-governmental battle over a coastal navigation district’s exclusive lease with an oyster-farming business; the rest, not so much. The case, which began in 2014, will continue, but with one less party. The Texas Lawbook has the story.

May 10, 2019 Allen Pusey

SCOTX Blasts Texas Agency For Misrepresenting Rules

Citing a state agency’s misrepresentation of its own procedures, the Texas Supreme Court Friday reinstated the administrative appeal of a group home employee who was about to be placed on a state misconduct register. The per curiam opinion was bold, even acerbic, and included a reference to Animal House. Allen Pusey explains.

May 3, 2019 Allen Pusey

Mandamus in the Fifth Circuit: An Extraordinary Remedy, Except When It Isn’t

Mandamus petitioners are supposedly unwelcome visitors in the federal courts of appeal. Although the U.S. Court of Appeals for the Fifth Circuit has echoed that mantra, contemporary mandamus practice suggests a gap between the “law in the books” and the “law in action.”

April 22, 2019 David Coale & Paulette Miniter

Settling Questions of Interpretation in James Miles v. Texas Central Railroad

Texas Central is working on bringing the first ever high speed rail to North America. Craig Enoch, retired Texas Supreme Court Justice and Enoch Kever member, argues why Texas Central has the authority to enact eminent domain on a piece of property because of its legal status as a railroad.

March 21, 2019 Craig Enoch

Fifth Circuit: ‘I’d Be Embarrassed to Take the Position You’re Taking in This Case’

A Fifth Circuit panel including Judge Jerry Smith unleashed scathing comments toward a party that appealed an $18 million arbitration award. Then the panel ruled the same day. This is the story.

March 18, 2019 Natalie Posgate

Growing Feud Between Fifth Circuit Judges and Houston Trial Judges Shocks Legal Experts

Twice in two weeks, a Republican-appointed Fifth Circuit appellate judge directly dressed down a Houston trial court judge in opinion. But this time, the trial judge is fighting back. U.S. District Judge Keith Ellison and Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit have gotten into a nasty public feud that Texas legal experts describe as astonishing. The Lawbook has complete details.

March 13, 2019 Mark Curriden

Jackson Walker, The Pettit Law Firm Pick Up Former Texas Appellate Justices

Alumni of the Texas appellate courts in Dallas and Houston are on the move.

March 20, 2019 Brooks Igo