This is an interesting week at the Texas Supreme Court. With just four arguments, the Court’s docket is significantly lighter than usual (9-10 cases). Indeed, the Court cancelled Tuesday’s argument session.
February is currently scheduled to be just as light. And, given the timing of the Court’s January conference, I don’t anticipate any additional cases will be added to the February argument sitting. That leaves the Court’s docket down approximately 10-12 cases from usual. Whether this is a one-off term, or a sign that the Court has a “grant-worthiness” threshold in mind and is ok with not filling its docket, is something we’ll have to wait and see.
I will be particularly interested to see how things play out under the new rules. I’ll have more on these issues in a post coming shortly. But, for now, this week’s cases and advocates are listed after the jump.
No. 23-0887, Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp.
Travis County (Third Court of Appeals):
At issue in this case is whether the agency responsible for maintaining Texas’s schedules of controlled substances properly modified certain definitions within those schedules and whether the plaintiffs have standing to enjoin the effect of those modifications.
Department of State Health Services: Cory A. Scanlon, Office of the Attorney General (Austin)
Sky Marketing: Amanda G. Taylor, Butler Snow LLP (Austin)
No. 24-0250, Weldon v. The Lilith Fund
Jack County (Second Court of Appeals):
The issue in this case is whether a declaratory-judgment suit challenging the constitutionality of a statute is subject to dismissal under the Texas Citizens Participation Act.
Sadie Weldon: Jonathan F. Mitchell, Mitchell Law PLLC (Austin)
Lilith Fund: Bill Boyce, Alexander Dubose & Jefferson LLP (Houston)
No. 24-0846, JMI Contractors v. Medellin
Bexar County (Fourth Court of Appeals):
This appeal challenges a trial court judgment holding a general contractor liable for injuries a subcontractor’s worker sustained in a fall.
JMI Contractors: Kennon L. Wooten, Scott Douglass & McConnico, LLP (Austin)
Jose Manuel Medellin: Nadeen Abou-Hossa, Chiscano & Hossa, PLLC (San Antonio)
No. 24-0966, Tex. Dep’t of Pub. Safety v. Callaway
Hidalgo County (Thirteenth Court of Appeals):
The issue in this case is whether Robert Callaway, a former law enforcement officer, sufficiently established his claim for disability discrimination to survive a plea to the jurisdiction.
Department of Public Safety: John Ramsey, Office of the Attorney General (Austin)
Robert Callaway: William S. Hommel, Jr., Hommel Law Firm PC (Tyler)
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