Free Speech, Due Process and Trial by Jury
Michelle Casady is based in Houston and covers litigation and appeals — including trials, breaking news and industry trends — for The Texas Lawbook.
Michelle Casady has been a reporter in Texas since January 2009. She's covered crime at The Bryan-College Station Eagle, courts at the San Antonio Express-News and civil litigation for Law360. In July 2022, she joined The Texas Lawbook.
Her reporting has included covering arrests, trials, plea deals and settlements, executions, natural and manmade disasters, colorful characters and various oddities.
She lives in Houston with her husband Matt, a sweet dog Hurricane Harvey brought into their lives, and a confident cat who keeps everyone in line. She holds a bachelor's degree in journalism from Texas Tech University and was a 2018 fellow of the Loyola Marymount University Journalist Law School.
You can reach Michelle at michelle.casady@texaslawbook.net or (713) 614-7929.
In this edition of Litigation Roundup, a judge in Houston sides with a group of former BP employees in an ERISA suit, the Fifth Circuit expedites oral arguments in a dispute between the U.S. Chamber of Commerce and the Consumer Financial Protection Bureau over plans to cap credit card late fees and Parkland Health prevails on appeal in an employment discrimination and retaliation lawsuit.
Dr. Azul Shirazali Jaffer is being sued by Michelle Maestas in Fort Bend County district court for allegedly sexually assaulting her as she woke up in the recovery room in October 2022 following a breast augmentation procedure. A Houston appellate court this week agreed with the Fort Bend County district judge who declined to dismiss the suit in July 2023.
In an opinion issued March 20, a three-justice panel of the Fourth Court of Appeals in San Antonio determined Barbara C. Barnett will not have to sit for a deposition in a lawsuit where insurer Texas Medical Liability Trust argues it should not have to cover the cost of defending a fraud lawsuit Barnett filed against her former oncologist, Dr. David J. Friedman. The ruling reversed a Bexar County district judge’s ruling that Barnett could be deposed.
In this edition of Litigation Roundup, the Fifth Circuit issues a rare ruling reviving a covid-related coverage fight between SXSW and its insurer, the U.S. Chamber of Commerce takes steps
In a case that presented the court with an issue of first impression, the panel wrote that it would “decline to open that Pandora’s box of frivolous appeals” by exercising jurisdiction in the case. Christopher Novinger had unsuccessfully tried to undo the gag order provision he agreed to in July 2022, and failed again Tuesday.
The Texas Supreme Court must decide two things: Is the new protocol for setting prices in an electricity emergency a “competition rule” under the Public Utility Regulatory Act? And if it is, did the Public Utility Commission of Texas exceed its authority under either PURA or the Administrative Procedure Act in approving it?
In this edition of Litigation Roundup, Jerry Jones gets a defamation lawsuit brought by a woman claiming to be his daughter dismissed after the plaintiff’s failed attempt to amend the claims, the ExxonMobil Oil Corporation gets its win in a coverage dispute with AIG affirmed by a Dallas appellate court and the U.S. Court of Appeals for the Fifth Circuit calls out a federal judge in McAllen for denying a motion to dismiss a retaliation lawsuit with “no analysis period.”
Brad Howell comes to Dykema after nearly six years at MehaffyWeber. He’s handled cases involving products liability, statutory indemnity, toxic torts, catastrophic injuries, wrongful death, fire investigations and commercial litigation. He counts among his clients one of the world’s largest heavy equipment manufacturers and has represented clients in courts across 11 states.
This week a three-justice panel of the Fifth Court of Appeals in Dallas ordered Dallas County District Judge Staci Williams to hold a hearing on a motion to dismiss pending before her that was brought under the Texas Citizens Participation Act. The state’s anti-SLAPP law requires that a hearing on a motion to dismiss take place within 60 days, but Judge Williams’ staff told the relators in this case — who tried six times to get a hearing set — that, while it does its best to accommodate requests for hearings, its docket is “jammed packed” and “there is no way to SQUEEZE your motion into the requested docket.”
In this edition of Litigation Roundup, Yelp prevails against the Texas attorney general’s office in a suit that accused the website of violating the Texas Deceptive Trade Practices Act, a Dallas-area law firm represents an insurance company accusing nearly 50 defendants of RICO violations related to New York workers’ compensation benefits, and a split Texas Supreme Court issues a ruling clarifying the tolling period in a healthcare liability claim.
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