Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
January 20, 2023 | Texas Lawyer
5th Circuit: Don't File a Suit You Know Your Client Can't Win"No reasonable attorney could have concluded that each element was satisfied based on the facts Gammon accumulated before suing," the Fifth Circuit said.
By Adolfo Pesquera
4 minute read
January 19, 2023 | Texas Lawyer
Keep the Dog—Not the $12,000 in Attorney Fees—Court Says in Couple's Breakup"Generally, a party in a partition suit is not entitled to recover attorney fees because there is no statutory authorization for the award of fees," the appeals court said.
By Adolfo Pesquera
3 minute read
January 18, 2023 | Texas Lawyer
Texas Supreme Court Denies ER Doctors' Direct Suits Against InsurersTo reach its conclusion, the Supreme Court relied primarily on Brown v. De La Cruz, (Texas 2004)--"existence of a private cause of action must be clearly implied in the statutory text."
By Adolfo Pesquera
5 minute read
January 17, 2023 | Texas Lawyer
Fewer Jury Trials in Texas? Reversing the Erosion in Civil LawThe Poe Trust case so concerned the court that Busby, joined by Devine and Justice Evan Young, wrote a concurring opinion to weigh in on the role of "special proceedings" that deny plaintiffs' jury demands.
By Adolfo Pesquera
7 minute read
January 13, 2023 | Texas Lawyer
'People Want to Know': Briefs Pile Up as Observers Step Into Supreme Court Case"You see the strong amicus presence," said Jennifer Caughey of Jackson Walker.
By Adolfo Pesquera
4 minute read
January 12, 2023 | Texas Lawyer
Older Judges? Proposed Laws Would End Mandatory Retirement, Affect SalariesWith the exception of statewide offices, election officials that are party to a proceeding for an election-related injunctive relief motion can prevent a county court or district court judge from presiding over the proceeding by filing a petition.
By Adolfo Pesquera
4 minute read
January 11, 2023 | Texas Lawyer
Will It Be Covered by Attorney-Client Privilege? Texas Supreme Court Weighs Revision"If this court rules for the University of Texas, I guarantee you that every governmental body is going to start running their investigations through their counsel's office just to be able to withhold it from the public," Larsen said.
By Adolfo Pesquera
5 minute read
January 10, 2023 | Texas Lawyer
Should ERCOT Get Immunity for Response to 2021 Winter Storm? High Court Weighs Arguments"But if ERCOT is protected by governmental immunity, then CPS could get whatever it wants out of PUC, it could never finish the race. Right? It couldn't go to court." - Justice Jeff Boyd
By Adolfo Pesquera
5 minute read
January 09, 2023 | Texas Lawyer
Federal Courts Divided as U.S. 5th Circuit Strikes Ban on Gun Bump Stocks"Today's ruling usurps Congress's power to define what conduct is subject to criminal sanction and creates grave ambiguity about the scope of federal criminal law," Judge Stephen A. Higginson wrote in his dissent.
By Adolfo Pesquera
4 minute read
January 09, 2023 | Texas Lawyer
Federal Magistrate Judge Assaulted on StreetThe judge was struck in the mouth, the police report states.
By Adolfo Pesquera
2 minute read
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