Dr. Azul Shirazali Jaffer is being sued by Michelle Maestas in Fort Bend County district court for
allegedly sexually assaulting her as she woke up in the recovery room in October 2022 following a
breast augmentation procedure. A Houston appellate court this week agreed with the Fort Bend
County district judge who declined to dismiss the suit in July 2023.
Insurer Wins Deposition Fight Against Doctor Facing Suit
In an opinion issued March 20, a three-justice panel of the Fourth Court of Appeals in San Antonio determined Barbara C. Barnett will not have to sit for a deposition in a lawsuit where insurer Texas Medical Liability Trust argues it should not have to cover the cost of defending a fraud lawsuit Barnett filed against her former oncologist, Dr. David J. Friedman. The ruling reversed a Bexar County district judge’s ruling that Barnett could be deposed.
Litigation Roundup: Chamber Takes CFPB Fight to Fifth Circuit; SXSW Wins Appeal in Covid-related Coverage Row
In this edition of Litigation Roundup, the Fifth Circuit issues a rare ruling reviving a covid-related coverage fight between SXSW and its insurer, the U.S. Chamber of Commerce takes steps
Fifth Circuit Says Challenge to SEC’s Gag Order Policy is ‘Procedurally Improper’
In a case that presented the court with an issue of first impression, the panel wrote that it would “decline to open that Pandora’s box of frivolous appeals” by exercising jurisdiction in the case. Christopher Novinger had unsuccessfully tried to undo the gag order provision he agreed to in July 2022, and failed again Tuesday.
SCOTX Hears Arguments in APA Challenge to PUC’s OK of Post-Uri Pricing Rule
The Texas Supreme Court must decide two things: Is the new protocol for setting prices in an electricity emergency a “competition rule” under the Public Utility Regulatory Act? And if it is, did the Public Utility Commission of Texas exceed its authority under either PURA or the Administrative Procedure Act in approving it?
Litigation Roundup: Match Group Hires Sidley to Defend Class Action; Judge O’Connor Recuses in CFPB Challenge
In this edition of Litigation Roundup, Jerry Jones gets a defamation lawsuit brought by a woman claiming to be his daughter dismissed after the plaintiff’s failed attempt to amend the claims, the ExxonMobil Oil Corporation gets its win in a coverage dispute with AIG affirmed by a Dallas appellate court and the U.S. Court of Appeals for the Fifth Circuit calls out a federal judge in McAllen for denying a motion to dismiss a retaliation lawsuit with “no analysis period.”
Dykema Hires MehaffyWeber Products Liability Pro in Houston
Brad Howell comes to Dykema after nearly six years at MehaffyWeber. He’s handled cases involving products liability, statutory indemnity, toxic torts, catastrophic injuries, wrongful death, fire investigations and commercial litigation. He counts among his clients one of the world’s largest heavy equipment manufacturers and has represented clients in courts across 11 states.
Dallas COA Opinion Highlights How TCPA Framework Can be ‘Undermined’
This week a three-justice panel of the Fifth Court of Appeals in Dallas ordered Dallas County District Judge Staci Williams to hold a hearing on a motion to dismiss pending before her that was brought under the Texas Citizens Participation Act. The state’s anti-SLAPP law requires that a hearing on a motion to dismiss take place within 60 days, but Judge Williams’ staff told the relators in this case — who tried six times to get a hearing set — that, while it does its best to accommodate requests for hearings, its docket is “jammed packed” and “there is no way to SQUEEZE your motion into the requested docket.”
Litigation Roundup: SpaceX Wants Full Fifth Circuit to hear NLRB Case
In this edition of Litigation Roundup, Yelp prevails against the Texas attorney general’s office in a suit that accused the website of violating the Texas Deceptive Trade Practices Act, a Dallas-area law firm represents an insurance company accusing nearly 50 defendants of RICO violations related to New York workers’ compensation benefits, and a split Texas Supreme Court issues a ruling clarifying the tolling period in a healthcare liability claim.
David Gerger Adds White Collar, Environmental Pro Heather Peterson
Gerger Hennessy & Martin is now Gerger Hennessy Martin & Peterson, after Heather Peterson joined the firm March 1. Peterson recently spoke to The Lawbook about her career in criminal justice and why joining Gerger’s firm made sense for her and her clients.