Christopher Novinger, of Mansfield, was before the Fifth Circuit for the second time on Thursday morning seeking relief from a “no admit, no deny” provision in a 2016 settlement agreement he entered with the U.S. Securities and Exchange Commission. In July 2022 a different panel of that court rejected his attempt to free himself from the gag order provision via a Rule 60(b) motion that argued the “no deny” portion of the policy violated his First Amendment and due process rights.
Litigation Roundup: Fifth Circuit OKs Lockheed’s Win in Discrimination Suit, Exxon Says ‘Activist Shareholders’ Withdrew Climate Proposal
In this edition of Litigation Roundup, the dispute between ExxonMobil and two activist shareholders could be over, the battle between Yelp and Texas over pregnancy crisis center disclaimers continues and the Fifth Circuit agrees that a discrimination lawsuit against Lockheed Martin was rightfully tossed.
Vartabedian & Hester Announces New Name Partner, New Offices, 2 More Additions
The energy-focused team from Alston & Bird that launched a new firm in Fort Worth late last month has added Craig Haynes from Holland & Knight to become Vartabedian, Hester & Haynes. The firm has also officially opened an office in Dallas and is in the process of opening an office in West Texas.
SCOTX Answers Fifth Circuit’s Prompt Payment Question in Favor of Insurer
The court heard oral arguments in October in Rodriguez v. Safeco Insurance Company, a case that that asked the court to interpret a state insurance law as it related to recovery of attorney fees. “Rather than speculate about whether the Legislature intended recovery of attorney’s fees to be likely, unlikely, or impossible, we should instead stick with the bedrock principle that the Legislature intends the courts to follow its instructions as written,” Justice Jimmy Blacklock wrote for the unanimous court. “In this instance, the Legislature has required the use of a mathematical formula that yields zero attorney’s fees in cases like Rodriguez’s.”
Fifth Circuit Knocks $366M Judgment Against FedEx Down to $248K
Jennifer Harris’ attorney, Brian Sanford of Sanford Firm, told The Lawbook he plans to appeal the ruling either by seeking rehearing en banc at the Fifth Circuit or by petitioning the U.S. Supreme Court to hear the case. Harris was awarded $366 million, including $365 in punitive damages, by a jury that rejected her claim of racial discrimination but did find that Harris’ firing was retaliatory.
Baker Botts Adds L&E Pro in Houston
Scott Nelson will join as the firmwide leader of the labor and employment practice and will also be a partner in the Houston office’s litigation department. He was previously a partner with Hunton Andrews Kurth.
Justices Eye Scienter in State’s $16M Medicaid Fraud Win
The main issue in the case involves whether the state proved scienter — that Dr. Richard Malouf knew he was in violation of the law when he filed forms for reimbursement 1,842 times representing he had performed certain services that were actually performed by trainees at his All Smiles Dental Clinic — which is required for the judgment to stand. After Texas was granted the early win by Travis County District Judge Catherine Mauzy, Malouf appealed and a three-justice panel affirmed the holding in October 2022. He took his fight to the Texas Supreme Court in January 2023, and in November the court agreed to hear the case.
SCOTX Takes 3 Cop Crash Suits This Term
Each term, watchers of the Texas Supreme Court are likely to see the court grant review in a handful of cases interpreting oil and gas leases, or cases requiring them to delineate what constitutes a medical malpractice claim. But this term, the court has taken an interest in something slightly different: three cases involving police crashes and the immunity that typically shields officers from related litigation.
Litigation Roundup: Electric Co-op Draws $100M Injury Suit; ‘Red Flags’ Doom $20.8M Recovery
In this week’s edition of Litigation Roundup, the Dallas appellate court undoes a $20.8 million award in a fight between a landlord and a grocery company after finding “red flags” during the negotiation process were ignored, a federal jury convicts a software company CEO of bilking investors out of at least $25 million and prosecutors go after a business mogul who they say hasn’t paid taxes since 1992.
Energy Team of 10 Departs Alston & Bird, Launches Boutique
A group of 10 attorneys have left Alston & Bird to launch their own law firm focused on serving energy industry clients. Rob Vartabedian and Conrad Hester, who have been working together since 2008, will be name partners in the new venture.