Administrative

In In re Turner, the Texas Supreme Court denied a mandamus petition about the Governor’s line-item veto of Legislative funding, observing: “While the interference by one branch of government with the effectual function of another raises concerns of separation of powers, the issue presented here is primarily one of differences among legislators. Although the Governor certainly seeks to advance legislation he favors, the majority of the members of the Legislature support the same legislation. Relator House members oppose that legislation and have broken quorum to further their opposition. It appears from the record of the special session that they…
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Solving several years of mischief arising from unclear statutory language, the governor recently signed an amended version of Tex. Civ. Prac. & Rem. Code § 38.001 to clarify when attorneys’ fees may be recovered in breach-of-contract actions. It is effective to cases filed on or after Sept. 12, 2021: The post New TCPRC 38.001 appeared first on 600 Hemphill.…
In the case of In the Estate of Johnson, the supreme court reaffirmed a strict approach to the “acceptance of benefits” defense in will contests: “MacNerland was put to an election: either seek to set the will aside or accept the benefits Johnson bequeathed to her. She chose the latter. As a result, she ‘must adopt the whole contents of the instrument, so far as it concerns [her], conforming to its provisions, and renouncing every right inconsistent with it.’ Because MacNerland accepted benefits under Johnson’s will, the trial court properly dismissed her challenge to its validity.” (citation omitted). The…
In an 8-1 decision, the Texas Supreme Court reversed the Fifth Court’s judgment in Fifth Court’s judgment in Aerotek v. Boyd, a dispute about whether employees agreed to arbitration via their employer’s electronic system. The court observed: “It may be that the use of electronic contracts already exceeds the use of paper contracts or that it will soon. The [Texas Uniform Electronic Transactions Act] does not limit the ways in which electronic contracts may be proved valid, but it specifically states that proof of the efficacy of the security procedures used in generating a contract can prove that an electronic…
Two recent opinions provide guidelines for the important roles that attorneys play in our society. The first, Haynes and Boone LLP v. NFTD, LLC, holds that “attorney immunity applies in all adversarial contexts in which an attorney has a duty to zealously and loyally represent a client, including a business-transactional context, but only when the claim against the attorney is based on the ‘kind’ of conduct attorney immunity protects.” No. 20-0066 (May 21, 2021). The second, Landry’s, Inc. v. Animal Legal Defense Fund, holds: “An attorney who repeats his client’s allegations to the media or the public for…