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Adolfo Pesquera

Adolfo Pesquera

Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ

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March 30, 2023 | Texas Lawyer

Discovery Sanctions: Trial Judge Rightly Tightened Screws on Attorney, Clients

"Only when those sanctions did not result in compliance and ... appellants and Sternberg flouted the trial court's order did the court impose the $10,000 sanctions and the per-day sanctions," the Third District Court of Appeals wrote.

By Adolfo Pesquera

4 minute read

March 29, 2023 | Texas Lawyer

U.S. Fifth Circuit Splits On Reasonable Explanation As Procedural Error

"This is no check the box exercise. A district court judge failing to adequately explain what the judge found persuasive ... comes at a cost." - U.S. Circuit Judge Patrick Higginbotham in dissent

By Adolfo Pesquera

3 minute read

March 29, 2023 | Texas Lawyer

Remove From Office? Nueces County DA Moves Toward Trial

Jonathan Hullihan, attorney for Citizens Defending Freedom, has argued for the removal of Nueces County District Attorney Mark Gonzalez from office.

By Adolfo Pesquera

7 minute read

March 28, 2023 | Texas Lawyer

Houston Attorney Brings Federal Suit Against State Bar, Alleges Selective Enforcement

"What remedy is left when the Chief Disciplinary Counsel refuses to act on unethical behavior where the offending attorney has immunity?" the Turnbull Law Group complaint said.

By Adolfo Pesquera

6 minute read

March 24, 2023 | Texas Lawyer

Dissent Says 5th Circuit Gives States Loophole That Castrates Takings Clause

"If enforcement to just compensate is purely a matter of discretion, the government is going to exercise its discretion not to pay for things it takes," Institute for Justice attorney Bob McNamara said.

By Adolfo Pesquera

6 minute read

March 24, 2023 | Texas Lawyer

Fifth Circuit Calls Out FDA On Unlawful Vape Liquids Ban

The 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 Moments

The 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