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‘Full Speed Ahead’: Business Courts, Fifteenth Court of Appeals Hold First Hearing, Oral Arguments - Texas’ new Fifteenth Court of Appeals is set to hear its first oral arguments at the end of the month, but it will borrow space from the Court of Criminal Appeals to do so. Earlier this month, the first-ever business court hearing took place — a video conference in the Houston-based Eleventh Division. October 17, 2024Krista Torralva
SCOTUS Vacates Fifth Circuit Opinion in Citizen Journalist Case - The U.S. Court of Appeals for the Fifth Circuit’s win-loss record in cases reviewed by the U.S. Supreme Court is already in the red and it is only mid-October. The Supreme Court has vacated the Fifth Circuit opinion written by appellate Judge Edith Jones earlier this year that held that Laredo law enforcement officers who arrested a citizen-journalist in 2017 for asking for information deemed non-public cannot be sued for violating the First Amendment rights of the reporter because the officers have qualified immunity. October 16, 2024Mark Curriden
Phillips 66 Sells Stake in Swiss Venture for $1.24B - As part of a promised $3 billion in divestitures, P66 is selling off its minority share in Coop Pronto, an operator of food-and-gas locations across Switzerland. October 16, 2024Allen Pusey
Pharmacy CEO Convicted on All Counts in $160M Medicare Fraud Trial - Mohamed Mokbel was convicted on 15 charges for his role in what prosecutors said was a multipart scheme to defraud the government that involved deceiving doctors and patients, too. Mokbel, former CEO of 4M Pharmacies, argued all he was guilty of was trying to compete with the powerful pharmacy benefit managers, entities that manage prescription drug programs for health plans and control 80 percent of the market. The panel of 12 deliberated for about five hours Tuesday before returning the unanimous verdict. October 15, 2024Michelle Casady
Fort Worth Jury Awards American Airlines $9.4M in Suit Against Bargain-Fare Site Skiplagged - After deliberating for parts of two days, jurors in the court of U.S. District Judge Mark T. Pittman ordered Skiplagged Inc. to pay American Airlines $4.7 million in damages for copyright infringement, and another $4.7 million in disgorged profits. October 15, 2024Bruce Tomaso
CDT Roundup: 17 Deals, 12 Firms, 150 Lawyers, $8.4B - Chevron's announcement last week of a $6.5 billion divestiture of a couple of Canadian upstream interests reminded us that the California company is on the verge of relocating its C-Suite to Houston. But included, along with the household furniture and company file cabinets, is an ongoing beef with their new Texas neighbors, Exxon Mobil, over Chevron's proposed $53 billion merger with Hess Corp. The CDT Roundup catches up with recent developments regarding the disputed merger, along with the usual list of firms and lawyers behind last week's Texas-related transactions.
October 13, 2024Allen Pusey
Prosecutors Must Narrow Charges in Criminal Suit Over West Texas Hydrogen Sulfide Death After Successful ‘Multiplicity’ Challenge - Aghorn Operating had argued the government was charging it three times for the same death, while prosecutors argued that each count related to an alleged violation of a different environmental law and that forcing it to narrow the charges would cut against the legislative intent and “undermine the deterrent value of the OSH Act.”
U.S. District Judge David Counts became the first federal judge in history to interpret the contours of a multiplicity challenge — that is, an argument that the Department of Justice is impermissibly spreading a single offense over several counts — related to alleged violations of the Occupational Safety and Health Act resulting in an employee’s death. October 13, 2024Michelle Casady
U.S. District Judge David Counts became the first federal judge in history to interpret the contours of a multiplicity challenge — that is, an argument that the Department of Justice is impermissibly spreading a single offense over several counts — related to alleged violations of the Occupational Safety and Health Act resulting in an employee’s death. October 13, 2024Michelle Casady
Centerpiece
Litigation Roundup: A $2.2B Zantac Settlement and More - In this edition of Litigation Roundup, Big Oil is denied its request to bring an early end to a climate suit in California, Marriott reaches a data breach settlement with all 50 states, and we bring you details of the $2.2 billion settlement GlaxoSmithKline reached to bring an end to thousands of Zantac lawsuits. October 15, 2024Michelle Casady
Secret Courthouse Romance, Ethics Investigations, Tens of Millions in Legal Fees: The SDTX Bankruptcy Scandal One Year Later - Houston Bankruptcy Judge David Jones’ voice was filled with emotion one year ago today in an interview with The Texas Lawbook. “I don’t know. I don’t know. I don’t know what is going to happen next. I just don’t know. I guess I have to resign.”
The Fifth Circuit had just published notice that it was investigating possible misconduct by Judge Jones over allegations that he had been involved in a multiyear secret romance with a former bankruptcy partner at Jackson Walker. The firm had been paid more than $20 million — fees often approved by Judge Jones — for its role in dozens of high-profile bankruptcies in which Jones served as judge or mediator. Jones officially resigned Oct. 15, 2023. The 365 days since have been pure chaos in the Houston bankruptcy courts, which is one of the three busiest courts in the nation for business bankruptcies.
“The whole thing is a mess, a complete fiasco,” said former UNT Dallas law dean Royal Furgeson. In a first-ever detailed timeline of the events of the past year and several years prior, The Lawbook documents a scandal about romance, secrecy, tens of millions of dollars in legal fees and ethical lapses that have engulfed the bankruptcy courts in Houston. October 14, 2024Mark Curriden
The Fifth Circuit had just published notice that it was investigating possible misconduct by Judge Jones over allegations that he had been involved in a multiyear secret romance with a former bankruptcy partner at Jackson Walker. The firm had been paid more than $20 million — fees often approved by Judge Jones — for its role in dozens of high-profile bankruptcies in which Jones served as judge or mediator. Jones officially resigned Oct. 15, 2023. The 365 days since have been pure chaos in the Houston bankruptcy courts, which is one of the three busiest courts in the nation for business bankruptcies.
“The whole thing is a mess, a complete fiasco,” said former UNT Dallas law dean Royal Furgeson. In a first-ever detailed timeline of the events of the past year and several years prior, The Lawbook documents a scandal about romance, secrecy, tens of millions of dollars in legal fees and ethical lapses that have engulfed the bankruptcy courts in Houston. October 14, 2024Mark Curriden
Expert Voices
Texas Supreme Court Term Preview — Key Business Cases - The Supreme Court of Texas has completed its first week of oral arguments of the 2024-25 term. Here is a preview of key business cases currently on the Court’s argument docket. October 3, 2024Ben Mesches & Ryan Paulsen
How to Get a Case Into and Out of Texas’ New Courts - Texas’ new business court and Fifteenth Court of Appeals are now open for business. But how do you get your case into — or out of — those courts? And how do you move your case between divisions within the business court? October 1, 2024Natasha Breaux
Stories You Might’ve Missed
- The Dallas Morning News, The Texas Lawbook Form News Partnership - The Texas Lawbook, the largest and most influential legal publication in Texas with more than 16,000 paid subscribers, is expanding its reach into the Texas business community with a new content partnership with The Dallas Morning News. October 3, 2024Mark Curriden