In this edition of Litigation Roundup, we have the details on a $60.6 million Tarrant County jury award, Oncor beats back a $10 million jury award on appeal in Dallas and the Department of Justice accuses an Austin man who founded a beverage company of swindling investors.
Law Professors Talk Possible Jackson Walker Defenses in Bankruptcy Fee Litigation
Two law professors recently shared their thoughts in interviews with The Texas Lawbook on what defenses Jackson Walker is likely to raise in litigation where the U.S. Trustee is attempting to claw back millions in fees awarded to the firm in cases where David Jones served as a mediator or judge. Jones resigned his bench last year after a secret romantic relationship with a former Jackson Walker bankruptcy professor came to light.
Specific Jurisdiction Contours Central in SCOTX Oral Arguments Over Plane Crash Litigation
The state’s high court heard oral arguments Wednesday morning in the lawsuit brought by Sheema Shaik against BRP-Rotax GmbH that asks it to determine whether Texas courts have specific jurisdiction over a foreign manufacturer based on an allegedly defective engine.
Texas Supreme Court Hears Ex-SMU Law Prof’s Case
Cheryl Butler, a former Southern Methodist University law professor, sued the university and several former colleagues in 2016, bringing claims for defamation, fraud and conspiracy to defame. She appealed to the Fifth Circuit in January 2023, the same month U.S. District Judge Ada Brown dismissed her case with prejudice after agreeing that the Texas Commission on Human Rights Act preempted the claims. The Texas Supreme Court heard oral arguments Tuesday in the case that will determine whether Butler will be allowed to proceed with a defamation claim against her former coworkers, who she alleges played a role in her being denied tenure in 2016.
Litigation Roundup: Buc-ee’s Goes to Court, Again, in TM Spat
In this edition of Litigation Roundup, we detail the outside lawyers Texas has hired to bring suit against some of the largest private equity firms in the world alleging they conspired to depress the market for coal and a Beaumont personal injury lawyer gets sanctioned for using Claude to write a brief that included made-up cases and quotes.
Jury Slams Natera with $292.5M Verdict in False Advertising, Unfair Competition Trial over Colorectal Cancer Test
Guardant Health and Natera had lodged false advertising claims against each other, with Guardant filing suit first in May 2021 and Natera following with counterclaims in June 2021. The jury, which was seated Nov. 4 and heard 10 days of testimony before returning a verdict Monday, awarded Guardant $75 million in damages for corrective advertising, about $41.5 million for disgorgement of Natera’s profits and $175.5 million in punitive damages.
Litigation Roundup: Google Goes After Ex-Engineer Over Allegedly Posting Trade Secrets Online
In this edition of Litigation Roundup, the U.S. Supreme Court agrees to review a Fifth Circuit decision against the Federal Communications Commission, we identify the Dallas lawyers who helped secure a nearly $100 million verdict for the family of Botham Jean, and Vedder Price is tapped to represent NFL quarterback Baker Mayfield in a $12 million family feud.
New Trial Order Predicated on Juror Misconduct Allegations Undone in Nissan Products Liability Case
A jury had sided with Nissan in March, issuing a take-nothing verdict in the lawsuit brought by Deana A. Rios following the April 2022 death of her husband. In a 46-page opinion issued Thursday and authored by Chief Justice Terry Adams, the panel held Harris County District Judge Fredericka Phillips had abused her discretion by granting Rios a new trial, in part by relying on inadmissible testimony from some of the jurors about deliberations in the case.
Judge Isgur Tosses Insurers’ $1.3B Claims Against Zachry, Chiyoda
According to audio of the hearing available on the docket, Judge Isgur told counsel for the insurers about four minutes before he issued an oral ruling from the bench dismissing the subrogation that he wasn’t inclined to adopt his arguments. “I’m not even following a little bit of your argument, just so you know,” he said. “It seems obvious that you’re wrong.”
Dallas County Judge Ordered to Rule on Motion for Arbitration Pending Since July 2022
In an opinion dated Nov. 12 but not published to the court’s website until Monday, the panel found that “the trial judge has abused her discretion by failing to perform her ministerial duty to rule on Megatel’s motion to compel arbitration despite Megatel’s numerous attempts to set a hearing and request a ruling.”