On November 6, the Blue Wave hit Texas like a tsunami. You didn’t hear? Perhaps you are not a close follower of the Texas courts of appeals. Democrats took control of the Houston, Dallas, Austin and San Antonio courts of appeal. The change is historic: these courts have been controlled by Republicans for the past two decades.
What impact could this have for businesses involved in litigation? Among other things, court watchers expect the following:
- Fewer summary judgments to survive,
- That use of arbitration clauses to avoid court will be reined in, and
- That high-dollar judgments will have a greater chance of survival.
For clients who have faced the expense and delay of Anti-SLAPP motions to dismiss, closer scrutiny of that overused tactic is also expected. And, businesses in the oil patch may face increased litigation costs from courts of appeals that favor maintenance of the jury system. Read more