The Texas Supreme Court heard oral arguments Tuesday morning in a lawsuit where mother of four Grissel Velasco is suing Dr. Michiel R. Noe for both his failure to perform a sterilization procedure she requested and his failure to inform her the procedure had not been done. Velasco is seeking pain and mental anguish damages for the so-called wrongful pregnancy that came about 15 months after she thought she had been sterilized.
Litigation Roundup: Pharma Cos Draw Texas Fraud Suit, Small Refineries Beat EPA at Fifth Circuit
In this edition of Litigation Roundup, the U.S. Court of Appeals for the Fifth Circuit sides 2-1 with a group of small refineries challenging an EPA decision to deny their requested exemptions from certain obligations under the Clean Air Act, the founder of SAExploration reaches a settlement with the SEC in a $100 million fraud case and private equity firm Welsh, Carson, Anderson & Stowe XI moves to toss an FTC monopoly suit lodged against it.
Federal Jury in Dallas Awards $210M in Software Trade Secrets Trial
After hearing six days of testimony, a jury in the Northern District of Texas unanimously sided with Computer Sciences Corporation and found the company was entitled to $70 million in actual damages for Tata Consultancy Services’ misappropriation of its proprietary source code and $140 million in exemplary damages because the misappropriation was willful and malicious.
Biz Community Tells SCOTX Abortion Ban Has Cost Texas $14.5B
An amici army 40 strong, led by dating app Bumble Inc. and joined by Match Group, SXSW, Amalgamated Bank, Central Presbyterian Church, a handful of boutique law firms, doctors and hospitality companies, filed their brief with the Texas Supreme Court Monday, about a week before the court is slated to hear oral arguments in Texas v. Zurawski. But the business community is far from the only voice trying to persuade the Texas Supreme Court. A group of 20 states filed an amicus brief, as did a group of 90 Texas legislators and a handful of national women’s rights organizations.
Litigation Roundup: Baylor Wins Licensing Dispute, Louisiana Bar Admonished by 5th Circuit for Speech
In this edition of Litigation Roundup, the Austin appellate court rejects Texas’ bid to cut two qui tam whistleblowers out of their share of a $236 million settlement with Xerox, the Fifth Circuit finds Tesla’s uniform policy does not run afoul of the National Labor Relations Act and two Dallas pain doctors are indicted in a $12 million fraud scheme.
Jury Awards Ex-Houston Firefighter $250K in Nude Video Lawsuit
Melinda Abbt was awarded about $130,000 in mental anguish and exemplary damages and about $120,000 in attorney fees Thursday by a Harris County jury that agreed her former direct supervisor at the Houston Fire Department had unlawfully shared an intimate video of her with a fellow firefighter in 2007. Abbt didn’t find out about the disclosure until 2017 and filed suit the next year. She was unable to return to work after learning the video she made for her husband had been circulated.
Texas Real Estate Groups Sued for Inflated Commissions ‘Conspiracy’
A new antitrust lawsuit filed in Texas names more than 30 real estate companies and associations across the state that home sellers QJ Team and Five Points Holdings allege have participated in a conspiracy developed by the National Association of Realtors that saddles home sellers with costs that should be borne by buyers. The proposed class action lawsuit alleges the practice results in inflated commissions and increased home prices. Last month in a similar lawsuit, a federal jury issued a $1.78 billion verdict to the sellers of about 260,000 homes in Missouri, Kansas and Illinois.
Jury Says Berg & Androphy Owes Nothing to Ex-Associate
A jury that heard three days of testimony in a contentious lawsuit where attorney Justin Pfeiffer was seeking $32,000 in back wages from his former firm, Berg & Androphy, unanimously decided after about an hour of deliberations Monday that no employment contract agreement existed between the parties. The lawsuit pitted Pfeiffer, now a partner at Lewis Brisbois Bisgaard & Smith, against Houston trial lawyer David Berg.
Litigation Roundup: Jerry Jones Defamation Case Update, ‘Water-Saving’ Toilet Claim Draws Suit
In this edition of Litigation Roundup, a Texas software company is among those named in a lawsuit alleging a conspiracy among landlords to artificially inflate rental prices, the Fifth Circuit issues a rare precedential opinion in a venue dispute that pries a case away from U.S. District Judge Alan Albright, and that appellate court also found a new U.S. Securities and Exchange Commission disclosure rule was “arbitrary and capricious.”
Seatbelt Defect Case Nets $976M Jury Verdict
The Houston law firm of Kaster Lynch Farrar & Ball teamed up with Philadelphia firm Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck to secure the massive award for client Francis “Ru” Amagasu, who was rendered quadriplegic following a rollover accident in 2017. The attorneys argued the seatbelt in Amagasu’s 1992 Mitsubishi 3000 GT, which was designed to allow four inches of slack in the event of a crash, actually caused his injuries by allowing his head to come into contact with the car’s roof, breaking his neck.