Justia Civil Procedure Opinion Summaries

Middle school and high school cheerleaders, through their parents, sued Kountze Independent School District after the District prohibited them from displaying banners at school-sponsored events containing religious messages or signs. The District filed a plea to the jurisdiction, asserting mootness in light of its subsequent adoption of a resolution providing that the District was not required to prohibit religious messages on school banners. The trial court denied the District’s plea. The court of appeals reversed, concluding that Plaintiffs’ claims for declaratory and injunctive relief were moot because the District voluntarily discontinued its prohibition on the display of banners containing religious messages or signs. The Supreme Court reversed, holding that because the resolution only states that the District is not required to prohibit the cheerleaders from displaying religious messages on school banners and reserves to the District discretion in regulating those banners, this case was not moot, as the challenged conduct might reasonably be expected to recur. Remanded. View "Matthews v. Kountze Indep. Sch. Dist." on Justia Law

Plaintiffs filed suit against Defendant, alleging breach of contract and misappropriation of trade secrets. Concerned by Plaintiffs’ counsel’s (Counsel) exposure to certain documents as a result of Counsel working “closely” with Defendant’s former finance manager, Defendant moved to disqualify Counsel from representing Plaintiff. The special master denied the motion to disqualify. The trial court, however, ordered Counsel’s disqualification. The court of appeals subsequently denied Plaintiffs’ petition for mandamus relief. The Supreme Court conditionally granted mandamus relief, holding that the trial court improperly disqualified Counsel under In re American Home Products Corp., as the American Home Products screening requirement does not govern a fact witness with information about his former employer if his position with that employer existed independently of litigation and he did not primarily report to lawyers. Rather, to the extent that a fact witness discloses his past employer’s privileged and confidential information, the factors outlined in In re Meador should guide the trial court’s decision regarding disqualification. View "In re RSR Corp. and Quemetco Metals Ltd., Inc." on Justia Law