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.
Judge Higginbotham Drills Down on ‘Impermissible Gloss’ of Court’s ‘Moment of Threat Doctrine’ in Qualified Immunity Case
Judge Patrick E. Higginbotham authored the panel opinion and a concurrence, saying the court was bound to follow its own precedent in this case while also calling on the Fifth Circuit or the U.S. Supreme Court to “revisit the doctrine” that is “deployed daily across this country” in police shooting cases. The case involves the shooting death of Ashtian Barnes, who was stopped for having outstanding toll violations — a non-arrestable offense — and was killed by Officer Roberto Felix Jr. when he attempted to drive away.
Litigation Roundup: Exxon Sues Activist Investors; Paxton, Abbott Lose Uvalde Email Appeal
In this edition of Litigation Roundup, Exxon Mobil sues two activist investors, a propane company draws a $150 million lawsuit over a fatal crash and the Texas Supreme Court issues an opinion clarifying premises liability law.
Takings Fight Between Texas, Landowners Now in SCOTUS’ Hands
The U.S. Supreme Court heard oral arguments this week in a case where a group of about 75 Texas landowners are fighting to revive their lawsuit against the state seeking compensation for the repeated flooding of their property that they say is the result of a public highway project. The case came to the high court after a Fifth Circuit panel sided with the state and the court declined to rehear the case en banc over the dissent of five judges. The question the justices are tasked with answering in this case is:
“May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?”
Eversheds Energy Litigation Team Jumps to Baker McKenzie
David Baay, Jack Massey, Kelsey Machado, Ian Shelton and Matthew Rawlinson were announced as the newest members of the firm’s Houston office Wednesday. Colin Murray, the firm’s North America CEO, said in a statement that the additions were part of strategic growth plans based on the potential of the Houston market.
Litigation Roundup: Fifth Circuit Asks SCOTX 2 Questions; Ex-SBA Head Goes to Prison
In this edition of Litigation Roundup, the Fifth Circuit determines 2-1 that the city of Mineral Wells can’t be sued for breaching an “illegal” contract, the Texas Supreme Court is asked to answer two certified questions in a royalty dispute involving Hilcorp Energy, and an Austin company agrees to forfeit $4.5 million for misbranding dietary supplements.
Steptoe Acquires Smyser Kaplan & Veselka ‘Lock, Stock and Barrel’
Craig Smyser, who cofounded SKV in 1995, said his firm had been approached several times over the years by national and international firms looking to expand into Texas. There’s one reason in particular why the negotiations with Steptoe, which began in May, ended with this merger: Steptoe was willing to take on every member of the SKV team.
“It’s an amazing law firm with a lot of magic,” Gwen Renigar, Steptoe’s chair, said in an interview with The Lawbook. “The magic they had is magic I did not want to disturb.”
SCOTX Rejects Justice’s Request to Remove Opponent, Justice Devine, From Ballot
The Texas Supreme Court appeared displeased with the timing of Second Court of Appeals Justice Brian Walker’s challenge to his opponent’s ability to appear on the March primary ballot. Justice Walker is running against incumbent Justice John Devine. In a ruling issued Thursday, the Texas Supreme Court denied mandamus relief, holding that even if Justice Walker promptly brought his challenge, the law requires Justice Devine be given an opportunity to cure any deficiencies in his application. “A timely challenge would advance rather than impede ballot access because it would alert all parties to any deficiencies and enable a candidate to correct them if he could,” the court wrote. “But when a party slumbers on his rights — or, indeed, does not slumber but carefully lies in wait — these principles are not advanced but impaired.”
SCOTX Decides 2 Judicial Candidate Challenge Cases, More Percolate
In two separate cases brought by judicial candidates, the Texas Supreme Court decided Wednesday that case law upholding the importance of giving candidates access to the ballot trumped the challenges trying to limit who voters get to choose from on Election Day.