Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, the Fifteenth Court of Appeals decides a case of first impression in favor of Google in the biometric data lawsuit Texas is pursuing, the state and W&T Offshore join forces to sue the outgoing Biden administration, and a jury in San Antonio determines a barbecue restaurant owes millions in a suit over hot barbecue sauce.
In this edition of Litigation Roundup, Boeing gets a second chance to bring an end to a Southwest Airlines Pilots Association’s lawsuit, American Airlines is dealt a blow in a lawsuit over its 401(k) plan investing, and Attorney General Ken Paxton — in the wake of an appellate panel tossing his Texas Deceptive Trade Practices Act suit against Google — has filed new lawsuits accusing TikTok of violating the same law and Allstate Insurance of using technology to unlawfully collect driving data to justify premium increases.
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.
© Copyright 2026 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.
