Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
March 24, 2023 | Texas Lawyer
Fifth Circuit Calls Out FDA On Unlawful Vape Liquids BanThe appellate court found the FDA unlawfully changed its rules without providing notice or opportunity for public comment on standards for fulfilling the requirements of applications by creating a substantive rule in the guise of an internal memorandum.
By Adolfo Pesquera
4 minute read
March 23, 2023 | Texas Lawyer
'Harmless Error' Rulings Under Scrutiny—Spotlighting Judges' in-Chamber Interviews"Every other time, for every reason under the sun—it won't be helpful, there's other information out there, it'll be too stressful—the courts have found ways to evade these (interviews)," Samuel Cooper argued for the petitioner.
By Adolfo Pesquera
4 minute read
March 23, 2023 | Texas Lawyer
This Judge is Hanging up His Black Robe: Look Back at Some Defining MomentsThe judge is known for his defenses of abortion rights. In 2013 he ruled that abortion restrictions enacted by the state were unconstitutional in the case of Whole Woman's Health v. Hellerstedt.
By Adolfo Pesquera
3 minute read
March 22, 2023 | Texas Lawyer
Attorney Escrow Rules Could Change After this Texas Supreme Court Case"If we agree the parties can call something escrow when they place it in the hands of one side's lawyer ... and that isn't traditional escrow, why should we imply other traditional concepts of escrow?" Justice Jane Bland asked.
By Adolfo Pesquera
4 minute read
March 21, 2023 | Texas Lawyer
Lawyers Are Watching as Court Grapples With Legal Malpractice, Anti-SLAPP Immunity"To say the attorney who was acting as an agent for a client gets to turn around and use that shield as a sword against the client doesn't seem to be required by Youngkin v. Hines, or does it?" Justice Evan Young asked.
By Adolfo Pesquera
5 minute read
March 20, 2023 | Texas Lawyer
Unusual Move: Court Grants Emergency Stop to Insurance Case Hinged on Pre-Suit Issue"The trial court below upended that settled decisional law by refusing to abate the litigation until (plaintiff) submits to an (examination under oath)," said the insurance carriers as relators.
By Adolfo Pesquera
5 minute read
March 17, 2023 | Texas Lawyer
'They All Got Busted': 8 Experts Ousted From National Mass Tort Action"Shame on the lot of them," plaintiffs counsel Robert Hilliard said.
By Adolfo Pesquera
4 minute read
March 16, 2023 | Texas Lawyer
A Federal Judge Just Opened the Door for a Railroad Company to do Automated Inspections"Here, the agency has barely articulated any basis at all. The paucity of reasoning is especially glaring in the face of the agency's statutory mandate to prioritize safety," the opinion states.
By Adolfo Pesquera
5 minute read
March 15, 2023 | Texas Lawyer
Defining 'Theft': Tax Firm Gets Reversal on Insurance Coverage Suit After $11M LossThe $346,612 paid to Weaver was an unlawful taking by Weaver to the deprivation of Ryan and, thus, there is coverage under the Employee Theft provision of the policy, the Fifth District Court of Appeals found.
By Adolfo Pesquera
4 minute read
March 14, 2023 | Texas Lawyer
Judge Gets Death Threats Over Abortion Pill Case"No compelling governmental interest justifies the court's actions, the news media coalition objects, and urges the court to immediately docket notice of the hearing," according to SMU Dedman School of Law First Amendment Clinic.
By Adolfo Pesquera
5 minute read
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