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John Council

John Council

Senior reporter John Council is a native Texan who covers litigation and appellate courts in his home state. Contact him at [email protected]. On Twitter: @john_council

August 06, 2018 | Texas Lawyer

Appeals Court Allows Paralegal to Sue Houston Lawyer Over BP Oil Spill Case Work

After ruling that a paralegal's alleged deal to split fees with a Houston lawyer for clients he brought in connection with the 2010 BP Deepwater…

By John Council

1 minute read

August 03, 2018 | Texas Lawyer

Probate Judge's Alleged Affair With Opposing Lawyer Exposes Estate Judgment to Challenge

The Texas Court of Appeals has ruled that the losing party in a multimillion-dollar estate dispute can challenge the final judgment in that case based on allegations that the Dallas probate judge who presided over it had an “undisclosed personal relationship” with an opposing lawyer during the litigation.

By John Council

1 minute read

August 02, 2018 | Texas Lawyer

Lawyer's $100 Million Defamation Case May Force Texas Anti-SLAPP Law Shakeout

For nearly seven years, the U.S. Court of Appeals for the Fifth Circuit has managed to avoid answering a vital First Amendment question: Can Texas' Anti-SLAPP statute be used to defeat defamation claims filed in federal courts?

By John Council

1 minute read

August 01, 2018 | Texas Lawyer

Appellate Lawyer of the Week: Houston Attorney Revives Legal Malpractice Case

Houston legal malpractice lawyer Lance Kassab says he's a regular customer at Texas' courts of appeal for one big reason: Trial court judges tend…

By John Council

1 minute read

July 30, 2018 | Texas Lawyer

Texas Appeals Court Rules Georgia Hip-Hop Artist Can Be Sued in Houston

A Texas Court of Appeals has ruled that a music production company can sue an Atlanta-based hip-hop artist for breach of contract in a Houston state…

By John Council

1 minute read

July 17, 2018 | Texas Lawyer

Federal Housing Finance Agency, 'Not Accountable to the President,' Deemed Unconstitutionally Structured

“The structural insulation of the FHFA Director—who may be appointed by a former President, who cannot be replaced at-will, and who is insulated from Executive Branch oversight—interferes with the President's ability to fulfill his duties under the Constitution,” the Fifth Circuit majority wrote.

By John Council

1 minute read

July 16, 2018 | Texas Lawyer

Split Court Reverses Order Forcing Catholic Church to Turn Over Documents in Fetal Burial Case

A divided panel of the U.S. Court of Appeals for the Fifth Circuit has reversed an order that would have forced the Catholic Church to turn over third-party discovery to abortion providers who are challenging a new controversial Texas law requiring fetal burials.

By John Council

1 minute read

July 12, 2018 | Texas Lawyer

Fifth Circuit Reverses Green-Lighting of Civil Claim Over Police Dog Bites

The U.S. Court of Appeals for the Fifth Circuit has reversed a ruling permitting a civil claim against a K-9 police officer for excessive force for allowing his Belgian Malinois to continue biting an arrestee after he'd already surrendered.

By John Council

1 minute read

July 11, 2018 | Texas Lawyer

$1M Negligence Award to Women Sexually Assaulted in Apartment Reversed

Dallas' Fifth Court of Appeals has reversed a $1 million jury award to two women sexually assaulted by an intruder who came into their apartment through a window with a faulty latch.

By John Council

1 minute read

July 10, 2018 | Texas Lawyer

Picking Up Immigrants on Roadside Gets South Texas Lawyer Arrested

Armando Treviño and his two passengers, who said they had paid a smuggler $2,500 each but were abandoned after they crossed the Rio Grande, were arrested by U.S. Border Patrol agents.

By John Council

1 minute read