Free Speech, Due Process and Trial by Jury
The lawsuit was filed Tuesday in the Wichita Falls Division of the Northern District of Texas and has been assigned to U.S. District Judge Reed C. O’Connor. John Sullivan and Jace Yarbrough of S|L Law are representing X Corp. in the suit that names the World Federation of Advertisers, Unilever PLC, Unilever United States, Mars Incorporated, CVS Health Corporation and RSTED A/S as defendants.
In this edition of Litigation Roundup, individuals accused of bilking the government out of millions via Covid-19 testing and dental scams are sentenced to prison, Austin-based CrowdStrike gears up to fight litigation related to a global software outage and the Fifth Circuit seeks the Texas Supreme Court’s input in a lawsuit brought by a former Southern Methodist University law professor who was denied tenure.
Dolcefino Communications, a for-hire investigative firm run by former longtime Houston television news reporter Wayne Dolcefino, had argued the specific dollar amounts the nonprofit paid to each performer during the Houston Livestock Show and Rodeo had to be disclosed in response to his open records request. The First Court of Appeals panel determined otherwise in this case of first impression.
Ashley Moore, who most recently served as the Dallas office managing partner at Michelman & Robinson, joined Greenberg Traurig’s intellectual property and litigation practices this week as a shareholder. She spoke to The Lawbook about trends she's seeing in the Eastern and Western District of Texas.
In this edition of Litigation Roundup, we detail a case where an intermediate appellate court seems dubious about a real estate developer’s claim that he missed a deadline to appeal because he suffered a stroke, Southwest Airlines is hit with a suit over an alleged in-flight sexual assault, and a woman accused of stealing more than $100 million from the government goes to prison.
The Fifth Circuit majority zeroed in on the “double-layered delegation” of the authority to set the tax rate for the universal service fund, which is used to subsidize phone and internet services for rural and low-income areas, as well as schools, hospitals and libraries, across the country. With the holding, the conservative Fifth Circuit did what the Sixth, Eleventh and D.C. circuits had declined to do in cases brought by the conservative nonprofit Consumers’ Research against the FCC raising this same issue.
In this edition of Litigation Roundup, a Whistleblower who sued Kellogg, Brown and Root sees his $1.1 million recovery wiped out on appeal, another class action lawsuit over a data breach is filed against AT&T and a Uri-related gas delivery fight against Pioneer Natural Resources is revived.
Doubling down on an argument that was central in its original petition to the court, The Boeing Company told the Texas Supreme Court in a motion for rehearing filed Wednesday that without intervention, Texas will remain “a national outlier on conflict preemption under the federal Railway Labor Act.” The aerospace company is hoping to bring an end to a lawsuit brought by the Southwest Airlines Pilots Association alleging Boeing’s false representations about the airworthiness of the 737 MAX aircraft cost it millions of dollars.
In this edition of Litigation Roundup, the Fifth Circuit issues a ruling that affects unnamed members of limited liability companies in a case of first impression, a North Texas software CEO gets 20 years in prison and a 156-year-old ban on distilling liquor at home is struck down.
The Texas Supreme Court reviewed 96 cases from the state's 14 intermediate appellate courts this past term. Overall, the distribution of outcomes varied, with some courts experiencing a higher rate of affirmations while others saw more reversals or mixed decisions. The Lawbook examined the performance of the appeals courts by the state's highest judicial authority.
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