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.
Fifth Circuit Revives Racial Discrimination Suit Against Chili’s Franchisee
In a ruling issued Wednesday that drew a concurrence from two of the three judges on the panel, the Fifth Circuit determined there was a fact issue that should have precluded Chili’s from getting an early win in the lawsuit brought by Sharnez Hager. Hager, who is Black, filed suit alleging the restaurant refused to seat her family at an open table, told her it was reserved for someone else, then sat her white fiancé at the table when he entered the restaurant moments later.
SCOTX Hands Fen-Phen Clients Win in Suit Against Their Former Attorney
The Texas Supreme Court, in a unanimous ruling issued Friday, decided Houston attorney George Fleming was barred — or judicially estopped — from arguing the claims of his former clients were substantially similar after he earlier defeated class certification by arguing the claims were too distinct and therefore not suitable for class treatment. Fleming’s about-face on whether the claims of his former clients were similar or distinct came in the wake of his win in a bellwether trial against six former clients referred to in court documents as the Harpst plaintiffs.
Litigation Roundup: Jury Argument, Venue Doom $222M Wrongful Death Award
In this edition of Litigation Roundup, an improper jury argument wipes out a $222 million award on appeal, a Dallas firm notches a $15 million verdict in a Connecticut mesothelioma case and the Texas Supreme Court declines to revive a lawsuit a couple dozen cities brought against streaming giants Disney+, Hulu and Netflix.
SilverBow Resources’ Asst. GC Jennifer Cadena Knows How to Win ‘The Litigation Chess Game’
One month before the Texas Supreme Court revived a novel lawsuit SilverBow Resources Operating lodged against Energy Transfer alleging it had interfered with its drilling rights via underground contamination linked to an injection well, Jennifer Cadena was promoted to become the company’s assistant general counsel and senior land manager after three years as senior exploration and production counsel.
She worked alongside outside counsel at Ahmad, Zavitsanos & Mensing to ensure when the McMullen County jury finally got to hear the case, they would agree SilverBow was entitled to damages from Energy Transfer.
When the jury awarded SilverBow $24.5 million in damages in February 2023, it was a hard-fought result eight years in the making.
Litigation Roundup: American Airlines Sued Over In-Flight Death of Teen
In this edition of Litigation Roundup, a mother from the Bronx sues American Airlines in federal court in Fort Worth over the in-flight death of her 14-year-old son, USAA is accused in a proposed class action lawsuit of covertly operating a two-tier benefits system and a divided ruling from the state’s court of last resort for criminal cases makes a surprise appearance in this civil courts-focused article.
SCOTX Clarifies What Damages Are Recoverable in ‘Wrongful Pregnancy’ Cases
Justice Rebeca Aizpuru Huddle, writing for a unanimous court, explained in a 21-page ruling that in so-called “wrongful pregnancy” cases only a narrow category of damages is available: those costs incurred during pregnancy, delivery and postpartum. But in this case, Grissel Velasco was seeking to recover a much broader category of damages — including the costs of rearing her daughter, mental anguish, and physical pain and suffering.
First Reserve Litigation Team Notched Win for Entire PE Industry with TPC Victory
Erica Radcliffe and First Reserve teamed up with Vinson & Elkins in a landmark case to convince the courts that investors should not be held liable for the damages under state law. They prevailed and the Texas Supreme Court’s ruling provides a roadmap for other investors on how they can protect themselves from liability.
The Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook have named Radcliffe, First Reserve and its outside counsel at Vinson & Elkins as one of three finalists for the 2024 Houston Corporate Counsel Award for Business Litigation of the Year.
Lewis Brisbois Mourns Associate Fatally Shot in Houston
Jeffrey Limmer, 46, an associate at Lewis Brisbois, died May 4 after being shot multiple times after trying to intervene in a dispute between a customer and an employee at McDonald’s. The firm has said it will establish a memorial scholarship at his alma mater, South Texas College of Law.
Financial Advisor Says Fidelity Fired Him for Reporting Securities Violations
Michael Maeker had been a registered financial advisor for 26 years when he was fired by Fidelity Investments. In a lawsuit filed in federal court Monday, Maeker alleges Fidelity fired him after he raised concerns that the company was violating securities laws by pressuring advisors to invest client funds in a way that was more beneficial to the company’s bottom line than it was to the clients’.