The court unanimously determined that at this stage in proceedings USA Lending Group had presented enough evidence to avoid Winstead’s bid to have the lawsuit tossed under the Texas Citizens Participation Act. Assuming without deciding that the state’s anti-SLAPP law applies to this case, the justices found that USA Lending should be allowed to proceed in the trial court with the suit accusing the firm of failing to request $1.2 million in damages in a motion for default judgment.
Trial Tripleheader Has Tillotson Claiming Win, Win, Win
Opposing counsel already are plotting challenges and appeals in at least two of the cases, and Tom Melsheimer — a former law partner of Tillotson’s and best man at his wedding — views his win on liability for PlainsCapital Bank, which came with an award of $2.5 million in fees and expenses, as a loss for Tillotson. But Tillotson recently spoke to The Lawbook about the intense few weeks of litigation that resulted in what he said are favorable results for each of his clients.
Litigation Roundup: Investors Sue Blackstone over ‘Rushed’ $788M Sale, SCOTX Decides Arbitration Spat
In this week’s edition of Litigation Roundup, the state of Texas turns to Gibson Dunn & Crutcher to defend it in a long-running lawsuit over the quality of foster care, minority investors in an energy company allege one of the world’s largest hedge funds breached its duties in a rushed $788 million sale, and the Texas Supreme Court clarifies the reach of arbitration provisions.
Texas Law Schools Make Jumps in 2024 U.S. News Rankings
U.S. News & World Report had to delay its release of the 2024 rankings after some institutions raised questions about the data. The new list shows the University of Texas at Austin School of Law still leads the state, but Texas A&M University School of Law is rising rapidly.
Baker McKenzie’s Nick Kennedy Goes to Washington
Nick Kennedy, a partner in the firm’s Dallas office, recently argued his first case before the U.S. Supreme Court. He sat for an interview with The Lawbook about the experience, the preparation and the possible ramifications of the court’s decision.
FedEX, Amici Tell 5th Circ. $365M Punitive Award Can’t Stand
The International Association of Defense Counsel, the Federation of Defense and Corporate Counsel, Airlines for America, the U.S. Chamber of Commerce and Lawyers for Civil Justice all filed amicus briefs in support of FedEx last week. FedEx is fighting a $366 million jury verdict in favor of former employee Jennifer Harris.
Litigation Roundup: SEC Calls Out $155M ‘Ponzi Scheme,’ Air Force Contract Fraudsters Owe $70M in Restitution
In this week’s edition of Litigation Roundup, the U.S. Securities and Exchange Commission has filed suit against a Texas company it accuses of perpetrating a $155 million Ponzi scheme affecting more than 500 investors, a fracking project funder alleges fraud in a $1.8 million deal, and the Texas Supreme Court clarifies the requirements to bring a Texas Whistleblower Act claim.
Texas Justices OK State’s Emissions Scandal Suit Against VW, Audi
The case went through two rounds of oral arguments at the state’s high court, saw the voluntary recusal of two justices and the appointment by the governor of two intermediate appellate justices to the case. The ruling will allow Texas to bring its lawsuit against the German automakers alleging they violated state environmental laws via the emissions-cheating software scandal perpetrated by the companies.
Texas Employment Lawyers Talk FTC’s Proposed Noncompete Ban
The Texas Lawbook recently spoke to labor and employment lawyers in Texas about the proposal and what it would mean for both their employer clients and the litigation landscape statewide should the rule go into effect. The comment period, which was extended for an additional month because of the number of comments received, closed April 19 and garnered 26,814 responses.
Litigation Roundup: $105M IP Win Reduced to $3 For Austin Co., SCOTX Clarifies Life Insurance Rules
In this edition of Litigation Roundup, a widow asks the Texas Supreme Court to decide that she owns space artifacts that belonged to her astronaut husband, the high court clarifies the contours of when insurers can avoid liability under life insurance policies and a huge win for an Austin company gets undone by a federal judge in Michigan.