Free Access to Lexis (and more!) to Help You #StayHomeWorkSafe

As we all #StayHomeWorkSafe here in Harris County through April 30, access to legal research databases that are typically available at the Law Library may be hard to find. That’s why our law librarians are constantly working with our vendors to make more information available to you remotely during this difficult time. While you’re doing all you can to help stop the spread of COVID-19, we’re still here to help… virtually, of course.

Free Access to Lexis Advance

Access to professional legal resources, like LexisNexis, is essential for legal researchers. Tools like citators, headnotes, and annotations that help researchers determine if a case or statute is still “good law” are copyrighted and only available through expensive database subscriptions (learn more with our on-demand video training Blending Your Legal Research). That’s why free access to Lexis Advance is such a big deal and why we’re very pleased to announce that Harris County Law Library patrons can now sign up for a free 30-day account. Visit the registration page to sign up for your free account now.

Document Delivery from the Law Library’s Legal Research Databases

Even with free access to standard tools from Lexis at your disposal, not every copyrighted practice guide, form book, and treatise is available to you. Under normal circumstances, everyone has access to robust subscriptions from Lexis eBooks, Westlaw, Lexis Advance, HeinOnline, State Bar of Texas Practice Manuals, and more within steps of the courthouse on the Law Library’s research computers. To help maintain access while we’re all working remotely, our law librarians can make many of these materials available to you via email through our Virtual Reference Desk. If you need a document, let us know and one of our law librarians will provide it to you via email (subject to limitations set by the vendor) as soon as possible.

Additional Options to Stay Connected

More free access to legal research databases to keep you working while we #FlattenTheCurve:

Blending Your Research Resources

Learn more about incorporating free online resources into your legal research routine with the Law Library’s one-hour, on-demand CLE video titled “Blending Your Legal Research” Stream it now on our Legal Tech Institute Learn On-Demand page.

You're Out!

Even though the coronavirus has silenced the crack of the bats, the United States District Court for the Southern District of New York has hit one out of the park in favor of Major League Baseball (MLB) and our hometown Houston Astros. In an opinion issued on April 3, 2020, Judge Jed S. Rakoff dismissed with prejudice a class action suit brought by five fantasy sports players against MLB, MLB Advanced Media, L.P., Houston Astros, LLC, and Boston Red Sox Baseball Club, LP.

As you may recall, in January of this year, MLB Commissioner Rob Manfred suspended for one year Houston Astros General Manager Jeff Luhnow and Manager A.J. Hinch for their roles in the sign-stealing scandal during the 2017 World Series-winning season and extending into 2018, and the Astros organization was fined $5 million and forced to give up first- and second-round picks in 2020 and 2021. The Boston Red Sox had been implicated previously in a similar scandal. As a result of these scandals, plaintiffs filed suit, alleging that they were harmed by defendants’ representations and conduct with respect to the sign-stealing scandal. They asserted claims based on fraud, negligence, unjust enrichment, and under consumer protection laws, all arising from plaintiffs’ contracts with DraftKings, Inc., a fantasy sports contest and sports betting provider. Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). The court granted the motion to dismiss. The court made these specific findings:

  • plaintiffs failed to allege statements made by the commissioner indicating a commitment to protect fantasy baseball from any rules violations occurring in the sport;

  • although plaintiffs alleged at least one plausibly false statement made by each of the defendants, such statements could not support fraud claims because plaintiffs could not show that they reasonably relied on those representations when choosing to enter the fantasy baseball contests;

  • plaintiffs did not identify any duty on behalf of defendants to disclose the existence of a sign-stealing plot;

  • plaintiffs’ negligence claim also falls short in that they failed to allege the existence of any duty owed to them by defendants or any reasonable reliance on any affirmative representations made by defendants;

  • plaintiffs failed to allege their consumer protection law claims with the required specificity and could not demonstrate that but for defendants’ deceptive acts, plaintiffs would not have entered the fantasy baseball contests nor was there evidence of a substantial business relationship among the parties and no allegations that defendants made any misrepresentations about fantasy baseball itself; and

  • there was no showing that defendants were enriched at plaintiffs’ expense.

Although our hometown hero Astros were able to eke out a no-hitter in the federal lawsuit, they nevertheless need to bring in their closer: still pending is a lawsuit filed in the Harris County District Court by a season ticket holder, alleging negligence, breach of contract, and violations of the Texas Deceptive Trade Practices Act.

Image released into public domain

No matter what you may think of our Houston Astros after the scandal, they were “Houston Strong” at a time when the city needed them most. So, today, in this time of silent bats and stadiums, let’s forget the sign-stealing scandals, the steroid abuse, and the owners’ collusion scheme in the 1980s, and remember the things we love most about the game: dollar hot dogs, that ceremonial first pitch, the team mascots (Orbit, anyone?), and of course, the camaraderie shared at being in the stands with thousands of other fans rooting for your hometown team. Play ball!











Staying Socially Connected While You Shelter

During this uncertain and stressful time when we’re all feeling a bit socially isolated, it’s important to connect with others in whatever ways we can manage. The Wall Street Journal published an article last fall called The Surprising Boost You Get from Strangers. In it, the writer talks about connecting with a stranger on a long and turbulent flight. She goes on to say that, despite our reluctance to engage with people we don’t know, the benefits of doing so are immeasurable. Chatting with your barista at Starbucks or your Lyft driver on the way to the airport may not lead to a lifelong friendship, but the few minutes spent in idle conversation with an unknown person is proven to enrich one’s day and one’s well-being.

The WSJ article caught the attention of the Harris County Law Library staff for a simple reason – we interact with hundreds of strangers every week, or we used to, prior to the stay-at-home protocol. We’re doing our very best to continue providing the same quality of service to those in need of legal reference assistance. Our access to some resources is, of course, limited, but we are still able to accept and reply to email requests, using many of the same databases and online forms available at the Law Library. If you have a reference question or need documents that we can access remotely, we are happy to help. Refer to our Virtual Reference Desk for details about how to submit your questions, and we’ll reply promptly, Monday through Friday, 8:00 am-5:00 pm.

For the time being, we’re unable to provide face-to-face reference service and experience the mutual benefits of interpersonal engagement, but we are just as committed to serving the residents of Harris County. We take our commitment to serve very seriously and feel proud to be recognized as “second responders,” stepping up to meet the ongoing needs of our community: self-represented litigants, members of the Bar, local courts, and the general public.

If we’re unable to provide the information or resources you need, we may refer you to our community partners, the Houston Volunteer Lawyers, who are still providing legal assistance by telephone or the State Bar of Texas, which has compiled a list of resources for “for low-income individuals grappling with civil legal problems as a result of the coronavirus pandemic.” We may also suggest the Texas State Law Library, whose outstanding e-book collection and digital library are freely accessible to any Texas resident. Finally, we may suggest submitting your questions to TexasLegalAnswers.com, a service of the American Bar Association.

Until we all return to our regular workplaces and routines and can experience the power of loose connections once again, it’s important to continue practicing social distancing. Physical proximity may be limited, but reaching out by email, video conference, and phone is not only possible but recommended. The Internet is becoming a nice place to spend time as well.  If it’s social connection you crave, try QuarantineChat, a phone service that connects random people all over the world (in the language of your preference) to exchange thoughts and feelings about life during a pandemic. Sharing experiences with a stranger may be just what we all need.

The Judge Is Zooming Into Your Living Room

Update (5/15/20): Please see revised orders concerning zoom hearings for local courts at justex.net. A collection of relevant links is conveniently available on the 310th District Court’s webpage.

With all of the shelter in place orders, including the Stay Home, Work Safe order here in Harris County that has been extended through April 30, many public spaces are closed to the public. Only businesses that provide essential services to the public are exempt from these orders and can remain open. What about court proceedings, such as trials and hearings, that might resolve disputes involving child custody, child support, or domestic violence cases? Wouldn’t these cases be considered “essential?” Yes, they would. In fact, the operation of courts and the functions of court clerks are deemed to be essential governmental functions. However, there are some limitations placed upon the courts with respect to in-person court proceedings. The Third Emergency Order Regarding the COVID-19 State of Disaster issued on March 19, 2020 by the Supreme Court of Texas and the Court of Criminal Appeals of Texas prohibits courts from conducting non-essential proceedings in person contrary to any local, state, or national directive, regarding group size until at least May 8, 2020. However, proceedings deemed essential may be held in person so long as holding it remotely is not feasible or possible, with some exceptions, no more than 10 persons are gathered, and those present follow social distancing guidelines. Here, in Harris County, the Family District Courts have stated that essential matters include: protective order and family violence cases; habeas corpus and writs of attachment for children; CPS cases; judicial bypass cases; enforcement cases brought under Tex. Fam. Code ch. 157, if the respondent is in custody; suits and hearings with jurisdictional deadlines; and, other matters designated as essential in the court’s discretion. See the Harris County Family District Courts’ Policies and Procedures during COVID-19 for additional guidance.

Update (5/15/20): Please see revised orders concerning zoom hearings for local courts at justex.net. A collection of relevant links is conveniently available on the 310th District Court’s webpage.

What happens if your case falls under the category of non-essential? The Office of Court Administration, a state agency that acts under the direction and supervision of the Supreme Court of Texas, is giving judges the ability to stream and hold court proceedings via Zoom and YouTube. So what does that mean, especially for the self-represented litigant? To offer some guidance, TexasLawHelp.org has created a webpage that answers several questions the public might have about this relatively new concept of the virtual courtroom. There are discussions about rescheduling hearings, knowing if you have a court date through zoom, and presenting evidence to the judge. It is also important to read the tips for conducting yourself in the virtual courtroom and for practicing with Zoom prior to your scheduled hearing. If you are having difficulty with an internet connection, please read the article on TexasLawHelp.org about internet access.

Remember: the key thing is to be prepared just as you would if you were appearing in person before the judge. She may be in your living room, but you are still in her court.