For 13 years, the University of Texas Board of Regents and IDEXX Laboratories seemed pleased with a royalty deal they inked for certain diagnostic tests used by veterinarians. Then an auditor told UT IDEXX had been underpaying what it owed under the structure of the deal. That finding led to litigation and a $51 million award for UT that was later undone by the Fourteenth Court of Appeals in Houston. The Texas Supreme Court has agreed to determine whether the contract binding the parties is ambiguous.
Fifth Circuit Says Lack of ‘Fair Notice’ Dooms $7.5M Jury Verdict Against Energy Futures Co., Broker
The Fifth Circuit Court of Appeals on Monday determined the Commodity Futures Trading Commission employed an “unprecedented interpretation” of a 39-year-old rule when it filed a “novel civil liability suit” against energy futures trading company EOX Holdings and a Houston energy trader that resulted in a $7.5 million penalty.
Mesa Airlines Settles Racial Profiling Suit
Issam Abdallah and Abderraouf Alkhawaldeh recently reached a confidential settlement with Mesa Airlines. The two men filed suit after their flight was delayed and subsequently canceled because of what they allege was racial profiling by a flight attendant and pilot. U.S. District Judge Reed O’Connor had tossed the claims against Mesa on summary judgment. The Fifth Circuit revived the lawsuit in October.
Litigation Roundup: Neora Wants $6M in Fees from FTC, Cokinos Draws Client Suit over Land Deal
In this edition of litigation roundup, Cokinos Young draws a legal malpractice lawsuit over a land deal, an aviation fueling company is facing a $100 million wrongful death lawsuit over an incident at Austin-Bergstrom International Airport and more than a dozen Texas-based bus companies are sued over the transporting of migrants from the border to New York.
New Law Governing Judicial Candidate Disclosures Spawns Legal Challenges
The Texas Supreme Court is awaiting responses to two petitions for writ of mandamus in cases challenging whether judicial candidates can remain on the March primary ballot or if their alleged failures to comply with a new law means they must be stricken from the ballot. Lawyers involved with the cases have indicated more challenges could be coming as a Jan. 20 deadline for sending mail-in ballots looms.
Kaplan, Others Depart SKV, Launch Murphy Ball Stratton
A team of former partners at Smyser Kaplan & Veselka, including cofounder Lee Kaplan, have departed the boutique to launch a new firm, Murphy Ball Stratton. Members of the new firm, according to its website, are Land Murphy, Dane Ball, Michelle Stratton and Lee Kaplan.
Biggest Texas Verdicts of 2023
The types of cases that topped the list of damages awards in Texas this year were varied, but some of the usual suspects, like patent cases in the state’s Eastern and Western districts, occupy four of the Top 10 spots. Jurors in Harris County awarded damages totaling nearly $2 billion in three cases on the Top 10 list, and Jurors in the Western District doled out awards taking three of the Top 10 spots, totaling $857.7 million.
Top Litigation Matters in 2023
In this article, The Texas Lawbook looks back at some of the most significant litigation Texas lawyers handled in 2023, as well as a rundown of major changes to civil litigation practice in the state wrought by lawmakers who this session created a new system of business courts and a new appellate court.
Litigation Roundup: Dallas Lawyers Get $30M Mesothelioma Win; Jury Awards Revenge Porn Victim $450K
In this edition of Litigation Roundup, a jury in Dallas awards a woman $450,000 in a revenge porn lawsuit, Dallas lawyers secure a $30 million win in an Illinois mesothelioma case and a federal judge in Houston brings a rare, early end to a patent case following a Markman hearing.
Litigation Roundup: Fifth Circuit Ruling Unravels $7.1B Deal; SEC Goes After $191M Cowtown ‘Ponzi Scheme’
In this edition of Litigation Roundup, the U.S. Securities and Exchange Commission accused a Fort Worth company of operating a $191 million Ponzi scheme involving the purchase and sale of cattle, and a trial team from Susman Godfrey secured an $86 million defense win. Also highlighted is a Fifth Circuit panel’s holding that the Federal Trade Commission used an incorrect standard in determining a $7.1 billion acquisition of a cancer test maker would harm competition, but the court also agreed with the agency’s conclusion, which was enough to prompt Illumina to announce it would divest Grail anyway.