In yet another show of support for mandatory arbitration, the Texas Supreme Court has ruled unanimously that a duly assigned arbitrator has the power to decide a dispute, even when it involves conflicting court orders. The Lawbook’s Janet Elliott explains.
Substantive Changes Coming to Courts of Appeals in Austin, Dallas & Houston
The unprecedented election last week of 20 Democratic candidates to the state courts of appeals in Austin, Dallas and Houston will have an almost immediate and substantive impact on civil litigation and issues such as enforcement of arbitration clauses, excessive use of Anti-SLAPP laws and deference to juries in large-dollar plaintiff’s verdicts.
A Study of Three Sentences: Potential New Perspectives by the Texas Courts of Appeal
Supreme Court Justice Benjamin Curtis said “questions of jurisdiction are questions of power.” That observation provides a useful lens to examine how three sentences from recent opinions by the Dallas Court of Appeals involve questions of power, and how they may illustrate areas where the newly-constituted Texas appellate courts may take new approaches.
Updated – Democrats Seize Control of Dallas Court of Appeals, Win Houston Appellate Judgeships; TX Lawyers Score Big Congressional Upsets
Democratic candidates for appellate judgeships in Texas scored historic victories in Tuesday’s election. Every Democrat running for the judgeships on the First, Third, Fifth and Fourteenth courts of appeals won. The Texas Lawbook has the details.
UPDATED: Texas Supreme Court Justice Phil Johnson Retires
Texas Supreme Court Justice Phil Johnson, a conservative voice on the court for the past 13 years, has announced that he is retiring at the end of the year. Mark Curriden has the details.
Rowlett Condemnation Case Tests Post-Kelo Statute
Amid a flurry of amicus briefs from property rights advocates, business groups and municipal planners, the Texas Supreme Court heard arguments last week in an eminent domain dispute from Rowlett. The case is a test of a Texas statute designed to protect private property rights following Kelo v. City of New London.
Fifth Circuit Affirms Verdict in Favor of Saudi Prince
The U.S. Court of Appeals for the Fifth Circuit has affirmed a 2017 jury verdict that awarded $3 million to a member of the Saudi royal family in a breach of contract dispute. The ruling benefits Prince Mansour Bin Abdullah Al-Saud of the Kingdom of Saudi Arabia. Details here of the ruling.
Finally, SCOTX Settles ‘Jarndyce v. Jarndyce’
A 46-year-old property tax case was finally settled by the Texas Supreme Court. Their ruling in the inter-county dispute, often compared to Dickens’ famously epic litigation, was settled in favor of San Patricio County.