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Litigation Roundup: A Precedent-Setting SCOTX Ruling; Texas Sues TikTok, Insulin Makers in Separate Suits

In this edition of Litigation Roundup, the Texas Supreme Court issues a precedent-setting opinion on when “good cause” excuses a missed filing deadline, Attorney General Ken Paxton hires outside counsel to go after drug makers and pharmacy benefit managers in a lawsuit alleging a conspiracy to increase insulin prices, and a fight between San Antonio and Southwest Airlines over gate space heats up.

Michelle Casady

SCOTX Scrutinizes Reach of Texas Civil Barratry Law

Allegations that two Texas lawyers should be held liable for solicitations that occurred in Louisiana and Arkansas put a spotlight on the unique Texas civil barratry law. The plaintiffs argue that the financing and directing of the scheme occurred in Texas. The lawyers say the lawsuit cannot overcome the presumption against extraterritoriality.

Janet Elliott

OAG Alumnus Justice Blacklock Rips Texas’ Briefing in State Fair Gun Ban Case

Justice Jimmy Blacklock, who, prior to his appointment to the Texas Supreme Court in 2018, formerly served as the general counsel to Gov. Greg Abbott and before that as an attorney in the Office of the Attorney General, did not hold back on his view that briefing from Texas was insufficient to secure the relief that was sought. The five-page concurrence issued Thursday stands out both for its tone and because of its author.

Michelle Casady

Wallace Jefferson Reveals Clues to His Improbable Journey

The history-making justice and chief justice of the Texas Supreme Court recounts his personal and family history at a ceremony unveiling his portrait. The great-great-great grandson of a once enslaved man who served on the Waco City Council during Reconstruction, Jefferson remembers ancestor Shedrick Willis along with the judge who once held Willis in bondage but later joined him in guiding Waco into a new era. (Photo by Mark Matson)

Janet Elliott

Challenge to 15th COA Transfer is Filed

The jurisdiction of the state’s new Fifteenth Court of Appeals has been challenged by a party in a dispute that had been on appeal before the First Court of Appeals in Houston. A total of 88 cases have been transferred to the Fifteenth Court of Appeals.

Michelle Casady

Governor Appoints David Gunn to First COA

The governor on Tuesday appointed David Gunn, 63, of Beck Redden to serve as the newest justice on the First Court of Appeals in Houston. He is filling the seat vacated by April Farris, who was appointed to the Fifteenth Court of Appeals by Gov. Greg Abbott in June. Justice Gunn’s term will expire in December 2026.

Michelle Casady

Brister Readies for Curtain Rise on Fifteenth COA

Scott A. Brister is winding down his appellate practice as he prepares to once again don a black robe. Brister, who has served at all levels of the Texas court system, on Sept. 1 will step into his new role as chief justice of the Fifteenth Court of Appeals. He will be joined on the first and only intermediate appellate court given statewide jurisdiction by Scott K. Field, a Williamson County district judge and former Third Court of Appeals jurist, and April L. Farris of the First Court of Appeals. The trio will need their combined 30 years of judicial experience as they navigate some 70 state-related cases and prepare to develop jurisprudence for the new business trial courts. (Photo by Laura Skelding)

Janet Elliott

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