In this edition of Litigation Roundup, U.S. District Judge Ada Brown gets her first crack at handling multidistrict litigation after 12 putative class action lawsuits over the AT&T data breach are transferred to her, the former president of a Texas energy company goes to prison and a trio of attorneys representing Southwest Airlines gets a stay on an order that they undergo religious liberty training.
Fifth Circuit Issues Fractured Ruling in Llano Book Ban Case
A divided Fifth Circuit panel has determined the Llano County library must put back in circulation eight of 17 books that had been previously removed because of objections to their contents.
The ruling was issued Thursday in the case brought by seven library system patrons who alleged that county employees’ removal of the books violated their First Amendment right to “access information and ideas.”
SCOTUS Sides with Insurer in Asbestos-related Chapter 11 Case
On Thursday, Justice Sonya Sotomayor delivered the 8-0 opinion of the court that held Truck Insurance Exchange should have been allowed to voice its concerns about the terms of a proposed $50 million settlement of thousands of asbestos-related lawsuits because the insurer is a “party in interest” in the dispute. Gibson Dunn’s Allyson Ho argued the case and spoke to The Lawbook about its implications.
Texas Supreme Court Abates Meta Lawsuit in Light of Tentative Settlement
A little more than a week before trial was slated to begin, a settlement has apparently been reached in a case where Texas alleged Meta Platforms, formerly known as Facebook, had unlawfully used the biometric data of Texans without their consent and for commercial use.
Litigation Roundup: Details on 2 SCOTX Grants, XTO Sees 7-year-old Case End
In this edition of Litigation Roundup, Citgo draws another suit — this one seeking $400 million — from members of the so-called Citgo 6 who were imprisoned in Venezuela for years, XTO gets a win in a lawsuit over exposure to natural gas production activities that had been lingering in the courts for seven years and we detail some interesting grants from the Texas Supreme Court.
‘Act of State Doctrine’ Nets Houston Museum a Win in Fight Over 18th Century Painting
In a unanimous 24-page ruling issued Wednesday, the U.S. Court of Appeals for the Fifth Circuit affirmed U.S. District Judge Keith P. Ellison’s April 2023 dismissal of the lawsuit brought by the heirs of Dr. Max Emden against the Museum of Fine Arts, Houston. The lawsuit revolved around who is the rightful owner of a 1764 painting by Bernardo Bellotto called “The Marketplace at Pirna.”
ExxonMobil Wants $725M Award Wiped Out or Knocked Down to $250K
Lawyers from Dallas-based Waters Kraus Paul & Siegel earlier this month convinced the jury in a 10-2 decision that their client, Paul Gill, was entitled to damages from ExxonMobil for its failure to warn consumers about the risk of exposure to benzene that is in its petroleum products, including gasoline. Gill, who worked as a Mobil service station mechanic between 1975 and 1980, was diagnosed in 2019 with acute myeloid leukemia and testified about using gasoline to clean car parts.
Litigation Roundup: Anti-ESG Class Action Certified Against AA; Samsung Defeats Patent Suit in EDTX
In this edition of Litigation Roundup, Samsung beats back a patent suit seeking half a billion dollars in damages after arguing the plaintiff had unclean hands, a jury in Marshall renders a $445 million infringement verdict and we detail what led American Airlines to replace Wilson Elser as its outside counsel in a lawsuit involving a bathroom recording of a 9-year-old girl.
Judge Starr Cites Fifth Circuit’s ‘Hopelessly Amorphous’ Multiplier Test, Denies 1.9 Multiplier in $33M Fluor Class Action
Invoking The Simpsons, U.S. District Judge Brantley Starr on Thursday issued an opinion denying a request from plaintiffs’ lawyers who represented Fluor Corporation shareholders in a securities class action to tack a 1.9 multiplier on their fee award in the lawsuit that resulted in a $33 million settlement.
Constitutional Challenge to New Fifteenth Court of Appeals Hits SCOTX
In a petition for a writ of injunction filed with the state’s high court Wednesday afternoon, Dallas County alleges numerous ways the structure of the new court violates the state’s constitution. In June, the Legislature passed and the governor signed into law S.B. 1045, which created the Fifteenth Court of Appeals and granted it exclusive, statewide jurisdiction over certain cases involving the state or state officials. The jurisdiction of the state’s other 14 intermediate appellate courts is tethered to the district and county courts within its geographic region, which Dallas County argues is constitutionally required.