In this article, The Texas Lawbook looks back at some of the most significant litigation Texas lawyers handled in 2023, as well as a rundown of major changes to civil litigation practice in the state wrought by lawmakers who this session created a new system of business courts and a new appellate court.
Litigation Roundup: Dallas Lawyers Get $30M Mesothelioma Win; Jury Awards Revenge Porn Victim $450K
In this edition of Litigation Roundup, a jury in Dallas awards a woman $450,000 in a revenge porn lawsuit, Dallas lawyers secure a $30 million win in an Illinois mesothelioma case and a federal judge in Houston brings a rare, early end to a patent case following a Markman hearing.
Litigation Roundup: Fifth Circuit Ruling Unravels $7.1B Deal; SEC Goes After $191M Cowtown ‘Ponzi Scheme’
In this edition of Litigation Roundup, the U.S. Securities and Exchange Commission accused a Fort Worth company of operating a $191 million Ponzi scheme involving the purchase and sale of cattle, and a trial team from Susman Godfrey secured an $86 million defense win. Also highlighted is a Fifth Circuit panel’s holding that the Federal Trade Commission used an incorrect standard in determining a $7.1 billion acquisition of a cancer test maker would harm competition, but the court also agreed with the agency’s conclusion, which was enough to prompt Illumina to announce it would divest Grail anyway.
Justice O’Connor’s Former Clerks, Texas Attorneys Share Remembrances of Her Life, Legacy
Two former clerks for Justice Sandra Day O’Connor — Justin Nelson of Susman Godfrey and Allyson Ho of Gibson, Dunn & Crutcher — spoke to The Lawbook about lasting memories and lessons learned from their time working alongside her at the U.S. Supreme Court. Justice O’Connor, who inspired many women to pursue careers in the law after becoming the first woman appointed to the high court, died Dec. 1 of complications related to dementia and a respiratory illness. Today, her funeral will take place.
V&E Team from Houston Notches Defense Win in $100M California Suit
The team, led by Jim Thompson, Nicholas Shum and Stephanie Noble had been defending Aera Energy against the claims lodged by business partners Vaquero Partners and Madison Energy for two years before the two-month trial began in October. The jurors deliberated for about a day and a half before determining Vaquero and Madison were entitled to no damages related to Aera’s operation of the Bakersfield-area oil and gas lease.
Litigation Roundup: SCOTX Will Hear PUCT Authority Case, Short-term Rental Restrictions in Dallas Halted
In this edition of Litigation Roundup, Dallas residents were granted a temporary injunction that will prohibit the city from enforcing new ordinances that would severely restrict the availability of short-term rental homes, Texas Attorney General Ken Paxton accuses the U.S. State Department of conspiring to censor conservative-leaning media outlets, and the Texas Supreme Court agrees to hear a case involving the scope of the Public Utility Commission of Texas’ authority.
Litigation Roundup: Federal Circuit Orders New Damages Trial in $2.1B VLSI/Intel Case, Pfizer Again Sued by Texas
In this edition of Litigation Roundup, Texas follows up on a Medicaid fraud lawsuit accusing Pfizer of manipulating data about the efficacy of a pediatric attention-deficit drug with a lawsuit accusing the pharmaceutical company of lying about the effectiveness of its Covid-19 vaccine, Antero Resources continues its fight to recover an $11.9 million judgment from a former manager and an intermediate appellate court finds a fatal products liability suit should be litigated in Dallas.
SCOTX Tells Fifth Circ. Deadline-Tolling Statute Applies in Flight Attendants’ Boeing Suit
The federal appellate court had asked the Texas Supreme Court to answer two questions clarifying how Texas Civil Practice & Remedies Code § 16.064 applies to the claims of former United Airlines flight attendants, Marvin Sanders and Matthew Sodrok, who say they were injured when a smoke detector activated — despite the absence of smoke or fire on board — at such a high volume that it burst their ear drums, caused their ears to bleed and left them with permanent hearing loss. The justices’ answers revived the lawsuit against The Boeing Company and two companies that provided parts and maintenance for the allegedly defective smoke detector.
SCOTX Ponders if ‘Wrongful Pregnancy’ is Gift from God or Grounds for Damages
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.