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Energy Transfer Wins $660M Jury Verdict Against Greenpeace in Dakota Access Pipeline Case - The torts and defamation case centered on the role of Greenpeace, the activist international environmental group, on protests in 2016 and 2017 against a controversial North Dakota pipeline. Greenpeace, based in the Netherlands, said the verdict could cause an end to its U.S. organization. Trey Cox, a Dallas partner at Gibson Dunn & Crutcher, led the legal effort for the plaintiffs with an all-Texas team. March 19, 2025
Justices Dig Into Preemption Issue in Boeing, Southwest Airlines Pilots Association Case - The crux of the case is whether the Railway Labor Act preempts the claims brought by SWAPA. Boeing says it does because deciding the case requires interpretation of the collective bargaining agreement between Southwest Airlines and its pilots. SWAPA says the RLA does not preempt its suit because the act only applies to claims between airline carriers and employees, and Boeing is not either of those. March 19, 2025Special Master Tells Judge Gilstrap ‘Bad Faith Conduct’ Requires Sanction of Irell & Manella Lawyers - Samsung had asked the court to sanction opposing counsel in a sealed motion filed in October, alleging attorneys representing CogniPower had deposed a Samsung representative using a doctored document. David Folsom of Texarkana was appointed by the court to serve as special master and investigate the issue in October. March 19, 2025
NCAA Beats Back Texas’ ‘Sex Screening’ Temporary Injunction Bid - The NCAA had told the court there was no evidence to support Texas’ contention that any men were competing in women’s sports. “As previously represented to this Court, the NCAA is not aware of any transgender female student-athletes in any division of women’s college basketball. Moreover, even if there were, the 2025 policy would prevent them from competing.” March 19, 2025
SCOTX Considers Ownership of ‘Produced Water’ - Advances in technologies to treat water produced from oil and gas fracking operations has made what was a worthless by-product into a potentially valuable resource. It’s now worth fighting for, as evidenced by arguments in the closely watched case of Cactus Water Services v. Cog Operating. March 18, 2025
Litigation Roundup: SCOTX Clarifies Jurisdiction of 15th Court of Appeals - In this edition of Litigation Roundup, the Texas Supreme Court answered a burning question about the jurisdiction of the Fifteenth Court of Appeals, and Google moves to arbitrate a negligence lawsuit over an AI chatbot. March 18, 2025
EEOC Targets 13 Law Firms Operating in Texas for DEI Initiatives - The new acting chair of the Equal Employment Opportunity Commission has sent a 10-page letter to 20 different corporate law firms — 13 of them with operations in Texas, though no Texas-based law firms — demanding detailed information about their diversity, equity and inclusion efforts and decision making. The letters, which are addressed to the leaders of each of the law firms, demand that they “fully identify all clients that have diversity preferences or any demographic-related requirements for matters, including but not limited to race or sex requirements for the employees staffed on their matters.” March 17, 2025Centerpiece
SCOTUS Asks Stephen Hammer to Defend Federal Appeals’ Court Ruling in Immigration Case - A fourth-year associate in the Dallas office of Gibson Dunn will make his first oral argument at the U.S. Supreme Court on Monday by defending a ruling by a lower court that neither the U.S. Justice Department nor the defendant in the case believe was correct. The nation’s highest court appointed Stephen Hammer, a former clerk to U.S. Chief Justice John Roberts and a military veteran, to argue the merits of the U.S. Court of Appeals for the Fourth Circuit’s opinion about appellate filing deadlines related to removal orders if the defendant claims he will be killed or tortured if he is deported. March 23, 2025
Q&A with Trial Lawyer Whitney Wendel - Rounding out the five-lawyer Reese Marketos team that secured a $150 million false claims verdict against Janssen Products last summer was a young, chipper associate named Whitney Wendel, who joined the Dallas-based firm in 2023. In her short career, she has fortified herself as a litigator, her colleagues said. Wendel enjoys preparing for trial, which she compares to memorizing lines and building sets before a stage play, she said in a November interview with The Texas Lawbook. March 21, 2025Expert Voices
Three Trends in Texas Construction Litigation - The amount of construction in Texas has boomed over the past few years, driven by population expansion and the consequent investments in infrastructure, office and retail to support the ever-growing body of residents. Naturally, with more construction comes more construction litigation. This article takes a look at the three issues driving construction litigation: construction defect claims, delay damages due to rising costs and shortages, and first-party insurance claims. March 18, 2025
Planning for Growth in a Contracting Economy - Without a doubt, all law firms will eventually be tested on their ability to survive a contracting economy. Not all firms will pass the test. March 13, 2025
Stories You Might’ve Missed
Winter Storm Uri — Four Years Later, Zero Jury Trials for 30,000 Victims of Historic Storm - The ground had not yet thawed four years ago when the Texas courts were slammed with an avalanche of lawsuits. More than 30,000 individuals and small businesses filed wrongful death, personal injury and property damage lawsuits against ERCOT and the energy companies accusing them of gross negligence that caused much of the power blackouts. A separate class action accused energy companies and financial institutions of using Winter Storm Uri to manipulate prices and generate billions of dollars in profits. Four years later, not a single witness deposition has been taken and not a single case has been set for trial. And a growing number of legal experts predict that none of those cases will ever be heard by a jury of Texas citizens. February 13, 2025
