The main issue in the case involves whether the state proved scienter — that Dr. Richard Malouf knew he was in violation of the law when he filed forms for reimbursement 1,842 times representing he had performed certain services that were actually performed by trainees at his All Smiles Dental Clinic — which is required for the judgment to stand. After Texas was granted the early win by Travis County District Judge Catherine Mauzy, Malouf appealed and a three-justice panel affirmed the holding in October 2022. He took his fight to the Texas Supreme Court in January 2023, and in November the court agreed to hear the case.
SCOTX Takes 3 Cop Crash Suits This Term
Each term, watchers of the Texas Supreme Court are likely to see the court grant review in a handful of cases interpreting oil and gas leases, or cases requiring them to delineate what constitutes a medical malpractice claim. But this term, the court has taken an interest in something slightly different: three cases involving police crashes and the immunity that typically shields officers from related litigation.
Litigation Roundup: Electric Co-op Draws $100M Injury Suit; ‘Red Flags’ Doom $20.8M Recovery
In this week’s edition of Litigation Roundup, the Dallas appellate court undoes a $20.8 million award in a fight between a landlord and a grocery company after finding “red flags” during the negotiation process were ignored, a federal jury convicts a software company CEO of bilking investors out of at least $25 million and prosecutors go after a business mogul who they say hasn’t paid taxes since 1992.
Energy Team of 10 Departs Alston & Bird, Launches Boutique
A group of 10 attorneys have left Alston & Bird to launch their own law firm focused on serving energy industry clients. Rob Vartabedian and Conrad Hester, who have been working together since 2008, will be name partners in the new venture.
Judge Higginbotham Drills Down on ‘Impermissible Gloss’ of Court’s ‘Moment of Threat Doctrine’ in Qualified Immunity Case
Judge Patrick E. Higginbotham authored the panel opinion and a concurrence, saying the court was bound to follow its own precedent in this case while also calling on the Fifth Circuit or the U.S. Supreme Court to “revisit the doctrine” that is “deployed daily across this country” in police shooting cases. The case involves the shooting death of Ashtian Barnes, who was stopped for having outstanding toll violations — a non-arrestable offense — and was killed by Officer Roberto Felix Jr. when he attempted to drive away.
Litigation Roundup: Exxon Sues Activist Investors; Paxton, Abbott Lose Uvalde Email Appeal
In this edition of Litigation Roundup, Exxon Mobil sues two activist investors, a propane company draws a $150 million lawsuit over a fatal crash and the Texas Supreme Court issues an opinion clarifying premises liability law.
Takings Fight Between Texas, Landowners Now in SCOTUS’ Hands
The U.S. Supreme Court heard oral arguments this week in a case where a group of about 75 Texas landowners are fighting to revive their lawsuit against the state seeking compensation for the repeated flooding of their property that they say is the result of a public highway project. The case came to the high court after a Fifth Circuit panel sided with the state and the court declined to rehear the case en banc over the dissent of five judges. The question the justices are tasked with answering in this case is:
“May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?”
Eversheds Energy Litigation Team Jumps to Baker McKenzie
David Baay, Jack Massey, Kelsey Machado, Ian Shelton and Matthew Rawlinson were announced as the newest members of the firm’s Houston office Wednesday. Colin Murray, the firm’s North America CEO, said in a statement that the additions were part of strategic growth plans based on the potential of the Houston market.
Litigation Roundup: Fifth Circuit Asks SCOTX 2 Questions; Ex-SBA Head Goes to Prison
In this edition of Litigation Roundup, the Fifth Circuit determines 2-1 that the city of Mineral Wells can’t be sued for breaching an “illegal” contract, the Texas Supreme Court is asked to answer two certified questions in a royalty dispute involving Hilcorp Energy, and an Austin company agrees to forfeit $4.5 million for misbranding dietary supplements.
Steptoe Acquires Smyser Kaplan & Veselka ‘Lock, Stock and Barrel’
Craig Smyser, who cofounded SKV in 1995, said his firm had been approached several times over the years by national and international firms looking to expand into Texas. There’s one reason in particular why the negotiations with Steptoe, which began in May, ended with this merger: Steptoe was willing to take on every member of the SKV team.
“It’s an amazing law firm with a lot of magic,” Gwen Renigar, Steptoe’s chair, said in an interview with The Lawbook. “The magic they had is magic I did not want to disturb.”