Free Speech, Due Process and Trial by Jury
Opening statements were delivered to jurors Wednesday afternoon in the lawsuit Landry’s filed against Lowell Zachary Landry and his company, Landry Distilling, in March 2023. Landry was one of just four witnesses called to testify during the trial that ended with a verdict in his favor around 1 p.m. Monday.
In an 18-page ruling issued Thursday, Chief Justice Jaime Tijerina and Justices Clarissa Silva and Lionel Aron Peña Jr. held that the lawsuit — alleging Google violated state law when it made certain representations about how user location information and browsing history data is collected — cannot proceed in Texas courts.
Earlier this week, Dallas County District Judge Gena Slaughter issued a four-page order finding that the arguments made by defense lawyers Stephen A. Khoury and C. Gregory Shamoun in front of a Dallas County jury deciding a fraudulent transfer case were “improper and incurable.” But Khoury and Shamoun told The Texas Lawbook this week they are “shocked” by the finding and argue Judge Slaughter’s order is “inaccurate and incorrect.”
Opening statements were made Wednesday afternoon in the case that pits billionaire Tilman Fertitta’s Landry’s against Landry Distilling, a company that launched in Austin in 2021 and sells bourbon and rye whiskey featuring quarter horses on the bottle.
The 119-page lawsuit brings claims for breach of contract, professional negligence, fraud, fraudulent inducement, fraud by nondisclosure, fraud by concealment, negligent misrepresentation, breach of fiduciary duty, defamation, business disparagement, and seeks indemnification.
In this edition of Litigation Roundup, we preview a trademark infringement lawsuit brought by Landry’s that’s slated for trial this week, another trial in the 26-year dispute between David Clapper and American Realty Investors is averted, and the Fifth Circuit sends a malpractice lawsuit against Beck Redden to state court.
Chief Justice Jimmy Blacklock has been on the court since 2018 and has been elevated to fill the chief justice position left vacant by Nathan Hecht’s retirement. Hecht had helmed the court since 2013. Also on Monday, the governor named James P. Sullivan as the newest member of the Texas Supreme Court. Both men formerly served as general counsel to the governor.
Juries in the Eastern District of Texas handed out the largest and second-largest awards of the year and five of the Top 10. But no jury in the state cracked the $1 billion damages award threshold in a single case in 2024.
In this edition of Litigation Roundup, Match Group draws a shareholder class action lawsuit in California, Medicaid fraud whistleblowers get a piece of a $212.3 million settlement, and a Harris County District Court judge sees a public reprimand against her vacated by a court of special review.
While the court’s original order lifting the injunction, issued Monday, was signed by the three judges who issued it — Judges Carl E. Stewart, Catharina Haynes and Stephen A. Higginson — the subsequent order putting the nationwide injunction back in place, issued Thursday, was not signed, but entered instead by the clerk of the court at the direction of the court.
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