Free Speech, Due Process and Trial by Jury
The Texas Supreme Court has recently been shooting holes in the basic principle that any evidence forming the basis of a decision must have been admitted in a trial court – particularly in contract disputes. Chrysta Castañeda of The Castañeda Firm explains the potential impact on cases going forward.
When responding to anonymous online defamation, the first challenge a business faces is finding out the identity of the writer. The Texas Supreme Court recently added another potential snag to that process, holding that a Rule 202 petition does not toll a claim's statute of limitations. Nicole Williams and Mackenzie Wallace of Thompson & Knight provide an analysis.
One of the richest pairs on the planet are divorcing. Amazon CEO Jeff Bezos and novelist MacKenzie Bezos are calling it quits after 25 years. Their high profile wealth, estimated at $137 billion, makes it big news - but news that will likely fade because they seem to have followed a few basic rules. Charlie Hodges and Brian L. Webb explain those rules.
In a recent decision, the Delaware Chancery Court broke new ground when it allowed a buyer to back out of a deal by invoking the acquisition agreement's material adverse effect clause. Michael Blankenship and Whit Roberts of Locke Lord explore how this case might impact businesses in Texas.
Newly-elected judges on the Texas courts of appeals may soon revisit a firmly rooted – albeit faded – distinction between factual and legal sufficiency as they grapples with their differences with pro-business justices on the Texas Supreme Court. Specifically, courts of appeals may be able to limit state Supreme Court review by deciding cases based on factual sufficiency of the evidence. The Texas Lawbook has details.
Could the swing of Texas’s big courts of appeals to Democratic majorities lead to more removals from state to federal court? Despite the hurdles federal courts have raised to removal jurisdiction over the years, the addition of five new judges to the Fifth Circuit certainly creates an opening.
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