This week a three-justice panel of the Fifth Court of Appeals in Dallas ordered Dallas County District Judge Staci Williams to hold a hearing on a motion to dismiss pending before her that was brought under the Texas Citizens Participation Act. The state’s anti-SLAPP law requires that a hearing on a motion to dismiss take place within 60 days, but Judge Williams’ staff told the relators in this case — who tried six times to get a hearing set — that, while it does its best to accommodate requests for hearings, its docket is “jammed packed” and “there is no way to SQUEEZE your motion into the requested docket.”
Litigation Roundup: SpaceX Wants Full Fifth Circuit to hear NLRB Case
In this edition of Litigation Roundup, Yelp prevails against the Texas attorney general’s office in a suit that accused the website of violating the Texas Deceptive Trade Practices Act, a Dallas-area law firm represents an insurance company accusing nearly 50 defendants of RICO violations related to New York workers’ compensation benefits, and a split Texas Supreme Court issues a ruling clarifying the tolling period in a healthcare liability claim.
David Gerger Adds White Collar, Environmental Pro Heather Peterson
Gerger Hennessy & Martin is now Gerger Hennessy Martin & Peterson, after Heather Peterson joined the firm March 1. Peterson recently spoke to The Lawbook about her career in criminal justice and why joining Gerger’s firm made sense for her and her clients.
Litigation Roundup: Botched Spinal Surgery Nets $6.2M Verdict; ExxonMobil Beats Back Injury Suits
In this edition of Litigation Roundup, Samsung is fighting a $287 million state court verdict against it in federal court, a Collin County jury awards a man who alleged a botched spinal surgery left him paraplegic $6.2 million and an intermediate appellate court hands ExxonMobil a win in a lawsuit brought by workers injured in a plant explosion.
Waco Jury Hits Google with $12M Infringement Verdict
U.S. District Judge Alan D. Albright presided over the trial that began with jury selection Feb. 15. Testimony began Feb. 20 and the jury returned its verdict Monday, determining Google had infringed five patents held by communications company Flyp with its Google Voice internet phone service.
Wish Granted for Judge Who Hoped for Reversal
A three-justice panel of the Fourteenth Court of Appeals issued an opinion reviving the lawsuit brought by the family of Carolyn Burford against her husband’s former employer, Alcoa Inc., over her allegedly fatal exposure to asbestos. At a hearing before dismissing the case, Judge Mark Davidson, who presides over the asbestos multidistrict litigation court in Harris County, had said he was “reluctantly” granting Alcoa’s no-evidence motion for summary judgment and hoped his ruling would be reversed on appeal.
Litigation Roundup: Attorney Gets 50 Years for ‘Ponzi-like’ Scheme; A Look at Recent SCOTX Rulings
In this edition of Litigation Roundup, a few recent rulings from the Texas Supreme Court are highlighted, a San Antonio attorney charged with defrauding clients out of as much as $65 million over 20 years goes to prison, and cryptocurrency miners sue the Department of Energy over an effort to get data on energy use.
SCOTX Again Stays Case Involving Attorney’s Sex Tape, Child Porn Concerns
The Texas Supreme Court on Tuesday entered a stay for the second time in a case that involves the intersection of rules governing civil discovery and federal laws regarding the dissemination of child pornography. In January, the court lifted its first stay in the case and in a 5-4 decision denied Magdoline Elhindi’s petition for writ of mandamus. Tuesday’s stay came amid consideration of Elhindi’s motion for rehearing, which remains pending.
Collin County Jury Awards $1.9M in Rat Infestation Suit
The jury that was selected last Monday and began deliberating that Friday took about two and a half hours to side with construction staffing company Harris Ventures, which does business as Staff Zone, in its dispute with landlord JM-RB Properties. The panel’s 10-2 decision awarded Staff Zone about $1.3 million in lost profits incurred when it was “constructively evicted” from the building it leased in Plano, plus $450,000 in attorney fees and about $150,000 to cover expert witness costs.
Litigation Roundup: Fifth Circuit wants SCOTX Input in TCEQ Suit; Texas Gamer Brings $680M Monopoly Claim
In this edition of litigation roundup, the Fifth Circuit has asked the Texas Supreme Court to answer a certified question in a dispute that pits a nonprofit group against the state’s environmental protection agency, the Texas Supreme Court grants review in two tax appraisal cases involving the value of Oncor’s transmission lines and the founder of a Call of Duty esports team take aim at Activision Blizzard’s business practices in a new suit.