Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
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
March 13, 2023 | Texas Lawyer
Overtime Pay Collective Action Fails to Overcome Federal Exemption"This decision will help other business owners in the oil and gas industry, as it shows the salary-plus-bonus pay structure is permissible," said Flowco CEO Charles Jones.
By Adolfo Pesquera
3 minute read
March 10, 2023 | Texas Lawyer
Texas Judge Gives Receiver in Commodities Fraud the Go-Ahead to Clawback $12MThis latest action is part of a larger lawsuit brought by the Commodity Futures Trading Commission on behalf of approximately 1,600 elderly Americans that bought gold and silver bullion at prices averaging from 100% to more than 200% actual value.
By Adolfo Pesquera
3 minute read
March 10, 2023 | Texas Lawyer
Bad Faith: a Texas Lawmaker is Seeking a Legislative Remedy to this Judicial Problem"You've got a lot of people that are participating in the overriding royalty interest, a lot of families have been wiped out where they've kept an overriding royalty on leased property," Rep. Tom Craddick said.
By Adolfo Pesquera
4 minute read
March 09, 2023 | Texas Lawyer
This Ruling in an $11.5M Case Could Affect a 'Sea of Filings' in Multiple States"There is a sea of Balboa Capital filings on the docket daily, and only time will tell how many loans were made on that form of loan agreement and suffer from the same defect," attorney Dana Campbell said.
By Adolfo Pesquera
4 minute read
March 09, 2023 | Texas Lawyer
Lawyers Whom Paxton Fired Have a Request: Let us Have Our Day in Court"If funding approval is not achieved this session, OAG says the case should remain abated until the 89th Legislature considers it in 2025. And if that Legislature refuses to approve ... the abatement should remain in place until the following session. And so on in perpetuity," according to the motion to lift the abatement order.
By Adolfo Pesquera
4 minute read
March 08, 2023 | Texas Lawyer
Thousands of Cases Have Piled Up in Texas Courts—Here's What Lawyers Need to Know"The average civil clearance rate statewide post-pandemic is 95%," Office of Courts Administration director Megan LaVoie said, adding that clearance rates of 100% or higher is the goal.
By Adolfo Pesquera
4 minute read
March 07, 2023 | Texas Lawyer
New Texas Court? Some Lawmakers Want One in Austin"Local cases deserve to be heard by local judges, but cases with statewide implications—like those involving the state or state agencies—deserve to be heard by judges who are accountable to voters statewide," said Sen. Joan Huffman
By Adolfo Pesquera
3 minute read
March 06, 2023 | Texas Lawyer
What's Keeping Judges Awake at Night? Here's a Justice's Answer"As a judge, I noticed people were coming into court with the already-formed belief that the judge was against them and that they would not receive fair treatment," Justice Emily Miskel said.
By Adolfo Pesquera
2 minute read
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