Free Speech, Due Process and Trial by Jury
Four years after devastating power outages resulted in death and destruction, justices will hear arguments in February on the utility companies’ mandamus effort to end claims by more than 15,000 plaintiffs. The utilities say they had no duty under the exigent circumstances to supply power to any particular customers for any particular duration.
Judge Andrew S. Oldham and the majority focused their decision on a requirement in the Securities Exchange Act dictating that the SEC must first find that any proposed regulation “is related to the purposes of the Exchange Act” before approving it. Judge Stephen A. Higginson focused his dissent on the “limited reviewing role” Congress carved out for the SEC as it relates to its ability to approve rules proposed by “self-regulatory organizations” like Nasdaq.
Retiring Texas Supreme Court Chief Justice Nathan Hecht was greeted by 17 former judicial colleagues and many other well-wishers as he heard his final case. Some of those gathered now sit on federal benches, while others have thriving private practices. All expressed gratitude for his service. (Photo courtesy Supreme Court of Texas)
The state’s high court heard oral arguments Wednesday morning in the lawsuit brought by Sheema Shaik against BRP-Rotax GmbH that asks it to determine whether Texas courts have specific jurisdiction over a foreign manufacturer based on an allegedly defective engine.
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.
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.
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.
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.
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.
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.
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