Free Speech, Due Process and Trial by Jury
Winter Storm Uri brought single-digit temperatures and freezing precipitation to Texas in February 2021. Power lines snapped. Natural gas and power generators went silent. Pipelines froze. At least 246 people died. Thousands and thousands more suffered serious medical injuries. In all, 31,600 Texans and businesses sued energy companies for gross negligence. But five years later, not a single case has made it to trial.
Pennzoil v. Texaco's legacy remains significant, as it changed how companies handle mergers and acquisitions, caused the Chamber of Commerce to designate Texas as a judicial hellhole in 1986 and directly led to two decades of massive tort reform efforts that dramatically limited the rights of Texans to sue businesses, doctors and insurance companies for wrongdoing. It also launched Texas trial lawyer Joe Jamail to national stardom and made him the richest trial lawyer in American history. In this in-depth article, The Texas Lawbook provides a detailed timeline of the events involved in the historic litigation, as well as comments from more than a dozen lawyers about the legal strategies employed.
Kaleisha Stuart was the only Black lawyer working in-house for an NFL team when she joined the Dallas Cowboys legal team in 2016. “Over the years, legal departments have grown and diversified,” Stuart told The Texas Lawbook. “Noticing this trend, I decided to create a group for the Black women lawyers working at NFL teams. The goals of the group were to make Black women taking on these new roles feel immediately welcome, to have a safe, supportive outlet to share ideas or ask questions and to make new friends."
For the fifth consecutive year, Texas led the nation in business bankruptcy filings, cementing its position as the premier destination for corporate restructurings. However, Delaware closed the gap significantly in 2024, surpassing Texas’ Southern District as the top venue for business bankruptcies.
Despite a tumultuous year marked by scandal in the Southern District, Texas' three other federal court districts experienced significant increases in bankruptcy filings, ensuring the state maintained its dominance in this critical legal sector. The Northern District, in particular, emerged as a rising star, with its Chapter 11 caseload more than doubling.
The Texas Lawbook's Mark Curriden has the details on these trends and more.
The Texas Lawbook, the largest and most influential legal publication in Texas with more than 16,000 paid subscribers, is expanding its reach into the Texas business community with a new content partnership with The Dallas Morning News.
In an administrative order issued Aug. 26, the Texas Supreme Court transferred to the newly-created Fifteenth Court of Appeals 88 cases that had been pending with various intermediate appellate courts. It’s no surprise to observers that the bulk of the cases, 49, were transferred from the Third Court of Appeals in Austin, which formerly decided most cases involving state agencies that are headquartered in the capital.
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)
Answers to the governor’s questionnaire shed some light on the judicial philosophies of some 30 who have applied for the coming business trial and appellate courts. Generally, they like conservatives like Scalia and Thomas and shun SCOTUS decisions on Obamacare and the Chevron deference.
Editor’s note: This article was written in advance of the governor’s announcements Wednesday.
Twenty lawyers, including several former Texas appellate and trial court judges, have applied for appointment to the newly created business courts and intermediate appellate court. They include prominent figures such as former Texas Supreme Court Justice Scott Brister, appellate specialist David Gunn and Houston MDL Judge Sylvia Matthews. Five candidates from the Texas AG’s office also are seeking positions. Gov. Abbott will appoint the judges and justices, who begin hearing cases in September. The Texas Lawbook obtained the applications through a public information request.
The types of cases that topped the list of damages awards in Texas this year were varied, but some of the usual suspects, like patent cases in the state’s Eastern and Western districts, occupy four of the Top 10 spots. Jurors in Harris County awarded damages totaling nearly $2 billion in three cases on the Top 10 list, and Jurors in the Western District doled out awards taking three of the Top 10 spots, totaling $857.7 million.
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