The Texas Supreme Court heard oral arguments in the consolidated cases in September where two former students argued their alma maters had denied due process and acted outside the scope of their authority in rescinding their doctorate degrees years after graduation. The majority of the Texas Supreme Court held that despite scant precedent, the law allows universities to take that action regardless of when the alleged academic misconduct underpinning the decision is discovered.
Lawmakers Advance 15th Court of Appeals Bill
In the face of varied and robust opposition to the proposal to create a new, statewide appellate court with exclusive jurisdiction over disputes involving the state or a state agency, lawmakers last week voted to send the bill to the full senate for a vote. Texas for Lawsuit Reform has championed the bill as an opportunity to establish a court with specialized expertise to hear matters of statewide importance.
Litigation Roundup: Wins for Baylor, A&M in Immunity Rulings, Cinemark Loses Covid Biz Interruption Fight with Insurer
In this edition of Litigation Roundup, the Texas Supreme Court upholds Texas A&M’s governmental immunity in a crash suit, and Cinemark loses a Covid business interruption claim against an insurer while Baylor University beats back a Covid-related breach of contract claim brought by two students.
Texas Justices Mull TCPA’s Reach in Winstead Malpractice Suit
The state’s high court will have to decide if the filing of an allegedly deficient motion for default judgment is a “communication” as Winstead argues, which would end USA Lending’s lawsuit, or if USA Lending is correct that the basis of its suit is the failure to communicate. The case implicates the Texas Citizens Participation Act and asks whether it applies in legal malpractice suits.
OAG Says Whistleblowers Knew $3.3M Settlement OK Could Take Years
In a nine-page response to a request from the whistleblowers to lift an abatement in the case after they alleged a bait-and-switch on the $3.3 million settlement deal, the Office of the Attorney General told the Texas Supreme Court the case should stay paused while the Legislature considers approval.
Litigation Roundup: ‘Well Past Time for [Fifth Circuit] to be Dragged Screaming into the 21st Century’
In this edition of Litigation Roundup, a Fifth Circuit judge urges the court to join the 21st Century, a Houston college sues a business partner in a recruiting spat and a one-time candidate for president of Mexico goes to prison.
Midland Jury Rejects FLSA Overtime Claim Against Oilfield Services Co.
A trial team from Munsch Hardt successfully fended off the claims levied against client Flowco Production Solutions. Instead of raising the highly compensated employee exemption commonly seen in cases involving oilfield services, they told the jury these plaintiffs were exempt from overtime under the administrative employee exemption.
Litigation Roundup: OAG Gets Deadline in Whistleblower Suit, Omni Hit with $25M Verdict in Sex Discrimination Suit
In this edition of Litigation Roundup, a Dallas lawyer secures a $29 million jury verdict in a talc case and the Texas attorney general gets a deadline to respond to a request from whistleblowers to reinstate their case pending before the Texas Supreme Court.
Prosecutors Secure Plea Deal, Won’t Retry Ex-Blue Bell CEO
Paul Kruse agreed Wednesday to plead guilty to a misdemeanor and pay a $100,000 fine rather than face another felony fraud trial. Kruse’s attorney, Chris Flood, said the settlement confirms what he’s been saying all along: No one at Blue Bell ever intended to defraud its customers.
Houston Jury Doesn’t Buy Episcopalian-based Prejudice Claim
The discrimination and retaliation case lodged against one of the most prestigious funeral homes in the country, Houston’s Geo. H. Lewis & Sons Funeral Directors, didn’t gain traction with a jury that rejected William Coleman’s claims and awarded him no damages. Carter Crow of Norton Rose Fulbright, who represented the defendant, said he believes these types of religious discrimination lawsuits have become more common post-covid.