Judges

News

Supreme Court Ousts Special Master in Rio Grande Water Dispute

Tony Mauro | April 03, 2018

The Supreme Court’s action may have little to do with special master A. Gregory Grimsal himself. The court replaced Grimsal with Senior Judge Michael Melloy of the U.S. Court of Appeals for the Eighth Circuit.

News

DOJ's First Witness in AT&T Antitrust Trial Warns of 'Horribly Ugly' Deal if Merger Allowed

Cogan Schneier | March 22, 2018

Justice Department lawyers say they're seeking to prove that AT&T's proposed merger with Time Warner will stifle competition.

News

In Cities' Climate Change Case, the Judge Requests a Science Lesson

Ross Todd | March 20, 2018

U.S. District Judge William Alsup has asked for a tutorial from lawyers on both sides of a lawsuit where the cities of Oakland and San Francisco are attempting to force large oil companies to chip in for infrastructure upgrades needed to deal with the effects of climate change.

Commentary

Jeff Had Issues: An Akin Gump Lawyer Breaks Bad—and There’s No Satisfying Explanation

Jenna Greene | March 08, 2018

Jeffrey Wertkin was sentenced on Wednesday to 30 months in prison, but the question remains: Why did someone so smart do something that even his lawyer called “stupid, stupid"?

News

Urged by Law School Deans, Federal Judges Revamp Clerk Hiring

Tony Mauro | March 02, 2018

The new plan mirrors a policy that collapsed in 2013 when fiercely competitive individual judges ignored the rules.

News

Judge Trump Accused of Bias Sides With Him in Border Wall Case

Cogan Schneier | February 27, 2018

In the 2016 election, Trump said U.S. District Judge Gonzalo Curiel was biased against him because of his Hispanic heritage.

News

Del. Federal Court Nominees State Their Case to US Senate Panel

Tom McParland | February 16, 2018

Colm F. Connolly and Maryellen Noreika broke their public silence for the first time this week after being tapped to fill two vacancies on Delaware's federal bench.

News

Coons Backs Del. Role in Bankruptcy as Bipartisan Venue Bill Seeks Traction

Tom McParland | February 02, 2018

A U.S. Senate bill backed by conservative Sen. John Cornyn, R-Texas and liberal Sen. Elizabeth Warren, D-Massachusetts, aimed at curbing forum-shopping in Chapter 11 bankruptcy cases, has sparked stiff opposition from Delaware's elected officials and reignited a battle that has roiled policymakers and the bankruptcy bar for decades.

News

Neil Gorsuch Dines With US Senators, and It's the Talk of This Town

Marcia Coyle | January 23, 2018

"It was a private dinner, but I think about it as a return to civility in Washington, something we could use more of," Sen. John Cornyn of Texas, who hosted the dinner, reportedly said in response to questions about the gathering.

News

Democrats Press Fifth Circuit Nominee on Sexual Harassment Decisions

Cogan Schneier | January 10, 2018

Senators repeatedly asked U.S. District Judge Kurt Engelhardt about his decisions tossing several sexual harassment cases.

The Great Reshaping: How Trump Is Changing the Game on Judicial Nominations

Cogan Schneier | January 02, 2018

With 148 judicial vacancies as of Jan. 2 and an increasingly aging federal bench, President Donald Trump could remake the federal judiciary on a scale that hasn’t been possible in decades.

News

Judge Blocks Government From Stopping 2 More Undocumented Teens' Abortions

Cogan Schneier | December 18, 2017

The government has already appealed the ruling, which was stayed for 24 hours.

News

What's Next After the Kozinski Allegations? Here's How Courts Handle Misconduct Claims.

Marcia Coyle | December 13, 2017

In the normal judicial misconduct case, a federal appeals court would handle the complaint internally. But the sexual misconduct allegations against Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit pose complications for the courts, according to judicial ethics experts.

Lessons From Long-Shot SCOTUS Clerks: Work Hard, Stand Out, Stay Grounded

Karen Sloan | December 12, 2017

We collected the stories of four unlikely SCOTUS clerks to provide a glimpse of how hard work, happenstance and well-placed mentors can pave a nontraditional path to the U.S. Supreme Court. Here's what they had to say.

News

'This Is Not Going to Be Easy,' Judge Tells Lawyers in First AT&T Antitrust Hearing

Cogan Schneier | December 07, 2017

U.S. District Judge Richard Leon set a March 19 trial date in the case.

News

MDL Panel Orders All Federal Opioid Cases to Ohio

Amanda Bronstad | December 05, 2017

A federal judicial panel has ordered nearly 180 government lawsuits filed against opioid manufacturers and distributors to be transferred to a judge in Ohio.

News

'Blue Slip' Drama Clouds Senate Hearing for 5th and 8th Circuit Nominees

Cogan Schneier | November 29, 2017

Members of the Senate Judiciary Committee squabbled over the history of blue slip use and obstruction of judicial nominees in their hearing Wednesday.

News

Judge Who Handled Comcast-NBC Merger Assigned To AT&T-Time Warner Lawsuit

Cogan Schneier | November 21, 2017

U.S. District Senior Judge Richard Leon of the District of Columbia was assigned the case Tuesday.

News

Defendants Accelerate Efforts to Boot Infringement Suits Out of Delaware

Tom McParland | November 20, 2017

A review of Delaware's federal docket has shown that defendants in patent infringement cases are increasingly citing Delaware's judicial vacancies in support of motions to transfer the cases out of the district after a visiting judge first raised the issue two months ago.

News

Cruz Rails Against ABA Vetting Amid Confusion About 8th Circuit Nominee

Cogan Schneier | November 15, 2017

The ABA rated Trump's Eighth Circuit nominee, Steven Grasz, as unqualified last month.

Commentary

Strategy, Storytelling and Cautionary Tales: Winston Litigator and Dallas Judge Spill Jury Trial Secrets

Jenna Greene | November 07, 2017

Two old friends teamed up to write a book on courtroom advocacy. The result is both wise and funny--and should be on every litigator's reading list.

Quick Takes Ranking

Swimming With Sharks—Well, Sort of

Texas Lawyer Staff | November 01, 2017

  St. Mary’s Law School professor Bill Piatt and his son Bob Piatt, a San Antonio attorney, completed a San Francisco swim that has claimed…

News

The Wide World of E-Discovery Cases: Judges Break Down Latest E-Discovery Decisions

Zach Warren | October 23, 2017

The judges’ panel at Relativity Fest 2017 explored spoliation for Taylor Swift, insurance metadata and the introduction of TAR to Australia.

News

Gorsuch Dishes on Civility, Firing Clients, Discovery Karma, and Hot Tubs With Law Clerks

Tony Mauro | October 22, 2017

  In his most candid public appearance since joining the U.S. Supreme Court in April, Justice Neil Gorsuch on Saturday urged the legal profession…

News

In Rare Move, DC Circuit to Livestream Arguments in Immigrant Abortion Case

Cogan Schneier | October 19, 2017

Chief Judge Merrick Garland agreed Thursday to livestream the arguments, scheduled for Friday.

Analysis

Judge Who Called in the Feds Says Witness-Tampering Allegations in Civil Trial New to Him

Brenda Sapino Jeffreys | October 18, 2017

U.S. District Judge Ed Kinkeade of Dallas said he's seen witness tampering allegation frequently in criminal cases, but never before in civil suits.

News

Law Prof Loses Appeal in Defamation Suit

Brenda Sapino Jeffreys | October 12, 2017

The 1st Court of Appeals in Houston affirmed a final judgment in favor of Houston lawyer Ellen Yarrell in a defamation suit filed against her by a professor at South Texas College of Law Houston.

A Different Kind of Judicial Emergency

John Council | October 01, 2017

As he rides in the back of an ambulance scrambling to 911 calls and administering to patients as a newly minted paramedic, 70-year-old Don Bush is getting used to a typical query.

Trump Nominates James Ho and Don Willett to 5th Circuit

John Council | September 28, 2017

President Donald Trump has nominated two Texans to the U.S. Court of Appeals for the Fifth Circuit: Dallas attorney James Ho, who would be the first Asian-American to sit on the appellate court, and the Texas Supreme Court's "Tweeter Laureate of Texas," Justice Don Willett.

Federal Judges Give 4 Ways to Survive E-discovery Expectations

Rhys Dipshan | September 13, 2017

At Exterro's inFusion conference, three judges discussed how legal teams can keep up with FRCP requirements in an increasingly complex digital world.

Trump Nominates 5 Texans to the Federal Bench

John Council | September 07, 2017

In a surprising mix of potential U.S. District judges, President Donald Trump today announced his first five judicial nominees in Texas including two people who were formerly nominated by former President Barack Obama and two lawyers who've worked for the First Liberty Legal Institute, a conservative religious freedom organization.

White House Vetting Del. Senators' Picks for District Court Seats

Tom McParland | September 05, 2017

President Donald Trump is expected in the coming weeks to announce his nominees for two openings on Delaware's federal bench, as his administration vets three candidates forwarded by the state's two Democratic senators.

A Judge Who Speaks His Mind: Richard Posner's Greatest Quips

Mike Scarcella and Vanessa Blum | September 04, 2017

We suspect it's not the last we'll hear from Richard Posner. But as he ends his judicial career on U.S. Court of Appeals for the Seventh Circuit, here's a snapshot of some favorite Posner zingers.

San Antonio Federal Judge Blocks Texas 'Sanctuary Cities' Law

John Council | August 31, 2017

A San Antonio federal judge has blocked the implementation of Texas' so-called "sanctuary cities" law which would have allowed local police to check the immigration status of detainees and imposed criminal penalties on local officials who refuse to cooperate in efforts to remove people from the country.

Watch Your Mouth, Your Honor: Lessons for Judges on Social Media

Celia Ampel | August 28, 2017

Judicial social media use is a growing topic of concern for legal ethics experts.

Houston-Area Courts Crippled by Hurricane Harvey

Angela Morris | August 28, 2017

Federal and state courts along the Texas Gulf Coast have closed their doors and suspended all operations, grinding to a near halt one of the busiest jurisdictions in the country.

Voter ID's Worst Enemy: Houston Lawyer Who Stopped the Law Twice on How He Did It

John Council | August 24, 2017

Houston lawyer Chad Dunn has twice prevented Texas from implementing one of the strictest voter ID laws in the nation. He tells the Texas Lawyer how he pullled it off.

Federal Judge Halts Houston's Homeless Ordinance Banning Public Camping

John Council | August 23, 2017

A federal judge has put a temporary halt to a Houston homeless ordinance banning public camping after ruling the law may criminalize the status of people who can't find permanent shelter.

Fifth Circuit Revives Defamation Suit Against NYT Over Slavery Quotes

John Council | August 16, 2017

The U.S. Court of Appeals for the Fifth Circuit has slapped the New York Times by reviving a defamation lawsuit filed against it by a Louisiana economics professor and libertarian who sued the newspaper for defamation after he was quoted in an article stating that slavery was "not so bad."

Appellate Lawyer of the Week: Dallas Attorney Preserves Family Law Ruling in Stabbing Case

John Council | August 15, 2017

After Charles Douglas Mitchell awoke in bed one morning to his girlfriend--who suffered from bipolar disorder--stabbing him in the neck, he quickly won an order from a family law court that prevented her from having access to the child. But he needed Chad Baruch's appellate skills to make that tragic ruling enforceable.

Fifth Circuit Dismisses Another Suit Filed Against Ex-Beaumont Judge

John Council | August 11, 2017

Former Beaumont state District Judge Layne Walker has won another ruling from the U.S. Court of Appeals for the Fifth Circuit throwing out a civil case filed against him — this time by a lawyer and political rival who alleged she was banned from Walker's courtroom hallway after campaigning against him.

Federal Judge's Incentive Gives Women Lawyers More Speaking Roles in Court

Angela Morris | August 09, 2017

Chief Judge Barbara Lynn in Texas' Northern District has indirectly increased opportunities for female attorneys by encouraging firms to send young lawyers to argue at hearings.

Who Is the Most 'Excellent' Judge in Dallas?

John Council | August 07, 2017

Who is the best judge in Dallas? Unfortunately, there's no scientific way to tell. But a recently released judicial evaluation poll from the Dallas Bar Association at least gives the public a look at which judges lawyers believe are doing an "excellent" job of running the city's courtrooms.

Major Law Firm Names Populate GOP Shortlist for Del. Federal Court Vacancies

Tom McParland | July 31, 2017

A group of top Delaware Republicans have forwarded to the White House the names of three attorneys they favor to fill two openings on the state's federal bench.

Judge Busts Banking Agency for 'Excessive' Footnotes, Strikes Court Brief

C. Ryan Barber | July 31, 2017

Citing court rules, but perhaps also sympathizing with regular readers of legal filings, a federal judge in Washington found 48 reasons to send a regulatory agency back to the drawing board on a motion to dismiss. Judge James Boasberg ordered a motion to dismiss be "stricken" for violating a local rule that prohibits "excessive footnoting." The Office of the Comptroller of the Currency's bottom-of-the-page verbosity, Boasberg wrote, "appears to be an effort to circumvent page limitations."

Mixing Guns and Alcohol Isn't Enough for Liability, Court Rules

John Council | July 27, 2017

Guns and booze are a notoriously dangerous combination. But a host's decision to allow both at a barbecue wasn't negligent, a Texas court has ruled.

Fifth Circuit Rules T-Mobile/MetroPCS Policy Banning Employee Photography Violates Labor Law

John Council | July 26, 2017

The U.S. Court of Appeals for the Fifth Circuit has partially upheld a National Labor Relations Board ruling that workplace rules by cell phone carriers T-Mobile and MetroPCS banning photography or recording on corporate premises illegally restricts its employees from exercising their right to unionize.

Checking Out: Dallas Lawyer Convinces Judge to Toss Suit Against Holiday Inn

John Council | July 19, 2017

Two hotel owners became reasonably upset after spending millions building out a downtown Houston Holiday Inn only to lose their franchise license agreement, so they sued the national chain in a Houston federal court.

Texas Supreme Court Sides With Democrats in Upholding Corporate Campaign Ban

John Council | July 03, 2017

The all-Republican Texas high court said it was bound to follow U.S. Supreme Court jurisprudence allowing restrictions on corporate campaign contributions.

Police Find Former Dallas Appeals Court Justice Dead in His Home

John Council | June 20, 2017

University Park police found David Lewis' body in his home after friends hadn't heard from him in days.