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Civil Law

Texas Bar Foundation recognizes Craig T. Enoch

The Texas Bar Foundation honored retired Supreme Court of Texas Justice Craig T. Enoch with the 2024 Gregory S. Coleman Outstanding Appellate Lawyer Award, according to a press release.

The award, established in 2011, commemorates the late attorney Gregory S. Coleman and celebrates the ideals and standards that Coleman demonstrated in his appellate practice and personal life. Recipients exhibit an outstanding appellate practice while maintaining a strong commitment to providing legal services for the underserved. The award also recognizes dedication … Read the rest

Supreme Court

Texas man on death row presses claim of attorney abandonment

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Individuals held in state prison can challenge their convictions in federal court through a device known as a petition for a writ of habeas corpus. But under the Antiterrorism and Effective Death Penalty Act of 1996, known as AEDPA, they generally only have one opportunity to do so. This week, … Read the rest

Supreme Court

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Four years ago, the Supreme Court ruled in Nieves v. Bartlett that a plaintiff who alleges he was arrested in retaliation for speech protected by the First Amendment must show that police lacked probable cause to arrest him. However, the decision carved out an exception to deal with situations in … Read the rest

Supreme Court

Justices request federal government’s views on Texas and Florida social-media laws

The Supreme Court on Monday asked the Biden administration for its views on a pair of controversial social-media laws enacted in Texas and Florida. Passed in response to beliefs that social-media platforms were censoring their users, particularly those expressing conservative political views, both states’ laws seek to regulate the content-moderation policies of social-media companies like Facebook and Twitter.

The justices asked the solicitor general to weigh in on NetChoice v. Paxton (a pending petition on the Texas law) and … Read the rest

Supreme Court

Justices revive Texas man’s bid to throw out conviction that state prosecutors no longer defend

The Supreme Court on Monday revived efforts by a Texas inmate to throw out his conviction and death sentence in a case in which prosecutors agree that he should get a new trial. The ruling in favor of Areli Escobar came on a list of orders released from the justices’ private conference last week. The justices did not grant any new cases, but they called for the Biden administration’s views in three cases and denied review in over 300 … Read the rest

Civil Law

Jury trial begins in fraud and conspiracy trial involving Blue Blue, an iconic Texas brand

AUSTIN — The timeline played the starring role during the opening arguments at the jury trial of the United States v Paul Kruse.

Department of Justice attorney Matthew Lash for the prosecution and Houston defense attorney Chris Flood opened the trial. Taken together, they suggested that a food company, during an investigation, can fully cooperate with FDA and state agencies but still face conspiracy and fraud charges if it does not respond with thorough responses to public inquiries that may … Read the rest

Supreme Court

Tech industry asks court to block Texas law that targets social media companies

Two technology trade groups came to the Supreme Court on Friday night, asking the justices to block a controversial Texas law that bars large social media platforms like Facebook and Twitter from moderating speech based on the viewpoints of their users. Describing the law as an “undisguised effort to level the speech playing field and control ‘Big Tech,’” the groups urged the court to reinstate a decision by a federal district judge in Texas that barred the state from … Read the rest

Civil Law

THE BANKRUPTCY COURT’S RULING IS IN: J&J’S TEXAS TWO-STEP DOES NOT CONSTITUTE A BAD FAITH FILING

Last week this author delved into what has become known as the “Texas Two-Step,” the arguments for and against its permissibility and the broader implications for the bankruptcy system. The discussion focused on an ongoing trial on motions filed in the bankruptcy case of LTL Management, LLC (“LTL” or the “Debtor”), a Johnson & Johnson (“J&J”) subsidiary, by the Official Committee of Talc Claimants and several other parties, seeking an order dismissing the Debtor’s case pursuant … Read the rest