Robert Brockman’s death came just two days after his attorney said her client was receiving morphine treatments for pain, was in hospice care and had stopped “tolerating food or water.” The Lawbook talked to a former federal prosecutor about the implications for the pending criminal and civil cases against Brockman.
Appellate Roundup: Exxon Loses Fight For $1.5B Tax Refund, Prank Mail Emotional Distress Suit Tossed And More
This edition of the appellate roundup features a reference to “occult mysteries” in Exxon’s $1.5B tax dispute, the dismissal of an emotional distress lawsuit stemming from a gag gift and more.
During a hearing Wednesday morning before U.S. District Judge George C. Hanks Jr. in Houston, Brockman’s attorney told the court her client is not doing well. Brockman, who has dementia, is facing a criminal trial in which the government alleges he concealed about $2 billion in income.
The First Court of Appeals on Tuesday issued an opinion affirming a trial court’s dismissal of malicious prosecution and derivative claims against Lisa Blue, Stephen Malouf, Charla Aldous, Mike Lynn and Jeff Tillotson. It wasn’t clear Tuesday whether Hill III would take the long-running fight to the Texas Supreme Court.
This inaugural edition of Appellate Roundup features two Fifth Circuit rulings reversing Judge Lynn Hughes, and a ruling from the Fourth Court of Appeals allowing a police shooting suit against University of the Incarnate Word to move forward.
The criminal prosecution of former Blue Bell President Paul Kruse will begin in U.S. District Judge Robert Pitman’s courtroom Monday morning. The government has charged him with seven counts of fraud, but indicated in a hearing Friday they only intend to pursue six counts.
In a brief on the merits filed Wednesday, the Office of the Attorney General argued a whistleblower lawsuit brought against him by former high-ranking attorneys in the office should be dismissed because the Texas Whistleblower Act doesn’t apply to him. Carlos Soltero of Soltero Sapire Murrell, who represents one of the whistleblowers, told The Texas Lawbook he’s confident the Texas Supreme Court — like the Austin Court of Appeals panel and a Travis County District Court judge who have allowed the case to move forward — will find no merit in the argument.
Roel Canales will get another shot at proving Pay and Save was negligent in the way it displayed watermelons. But the Fourth Court of Appeals panel said the evidence supporting the gross negligence claim was too weak and ordered Canales take nothing on that claim.
Alston & Bird attorneys representing Boral Windows got a ruling that ensured the jury never got to consider counterclaims seeking $100 million in damages against its client. And Don Godwin batted back Boral’s bid for about $41 million in damages against his client, who sold his company to Boral.
A hearing on a motion to modify the protective order governing an MDL in which Salesforce is accused of facilitating sex trafficking ended Friday with the presiding judge deciding he would review on a case-by-case basis the discovery the plaintiffs’ lawyers are seeking to use in other related litigation nationwide. Salesforce’s attorney Michael Raiff of Gibson Dunn said at one point in the hearing he felt he was being accused of committing fraud on the court, but the plaintiffs’ lawyers said that wasn’t the case.