The Texas Lawbook

Free Speech, Due Process and Trial by Jury

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Michelle Casady

Michelle Casady is based in Houston and covers litigation and appeals — including trials, breaking news and industry trends — for The Texas Lawbook.

Michelle Casady

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.

Collin County Jury Awards $1.9M in Rat Infestation Suit

The jury that was selected last Monday and began deliberating that Friday took about two and a half hours to side with construction staffing company Harris Ventures, which does business as Staff Zone, in its dispute with landlord JM-RB Properties. The panel’s 10-2 decision awarded Staff Zone about $1.3 million in lost profits incurred when it was “constructively evicted” from the building it leased in Plano, plus $450,000 in attorney fees and about $150,000 to cover expert witness costs.

Michelle Casady

Litigation Roundup: Fifth Circuit wants SCOTX Input in TCEQ Suit; Texas Gamer Brings $680M Monopoly Claim

In this edition of litigation roundup, the Fifth Circuit has asked the Texas Supreme Court to answer a certified question in a dispute that pits a nonprofit group against the state’s environmental protection agency, the Texas Supreme Court grants review in two tax appraisal cases involving the value of Oncor’s transmission lines and the founder of a Call of Duty esports team take aim at Activision Blizzard’s business practices in a new suit.

Michelle Casady

Major Franchise Owner Hit with $30.7M Jury Verdict

A Dallas jury heard eight days of testimony and deliberated for two hours before deciding the owner of roughly 150 Popeyes restaurants, Guillermo Perales and his company Sun Holdings, owed former employee Jerry “Scott” Stockton about $15.6 million in compensatory damages and $15.1 million in punitive damages for failing to follow through on a promise to compensate him with 5 percent of the annual operating profits of the restaurants. Sun Holdings is the second largest franchisee organization in the country, with about 1,800 restaurants in its portfolio.

Michelle Casady

Appellate Panel Asked to Halt March 5 Appellate Court Primary

During oral arguments in a lawsuit challenging the constitutionality of the configuration of Texas’ intermediate appellate court districts, the panel was asked to halt the March 5 primary election for the intermediate courts of appeals. The lawsuit brought by Keresa Richardson seeks to have the courts redraw the districts to address malapportionment. Richardson previously sought to have all members of the Dallas appellate court recuse themselves (two obliged) from hearing the case arguing they all have a conflict of interest “derived from the fact that this case will affect their elected status, their voting districts, and their future elected status, and thus they are all personally interested in the relief being requested and should not be the arbiters of the issues.”

Michelle Casady

Power Trader Brings Legal Challenge to PUCT’s Creation of Contingency Reserve Service

Aspire Power Ventures filed a direct appeal with the Third Court of Appeals in Austin on Tuesday, challenging three orders issued by the Public Utility Commission of Texas that created and modified a program to provide reserve power in emergency situations. While the stated goal of the ERCOT Contingency Reserve Service is to prevent grid issues like what the state experienced during Winter Storm Uri, Aspire alleges it instead “does nothing to increase actual electricity reserve capacity — in fact, it actually decreases capacity when it is most needed.”

Michelle Casady

Dallas Jury Awards $22M to Ousted Real Estate CEO

A jury heard eight days of testimony and deliberated for less than two hours before unanimously siding with Daniel Moos on his breach of contract claims. The jury rejected Pillar Income Asset Management’s counterclaims that Moss had breached his fiduciary duty to the company.

Michelle Casady

State Bar Releases Judicial Election Poll Results

The State Bar of Texas recently released the results of a straw poll it conducts every election cycle that asks its members to cast a ballot for the judge or justice of their choice for the various contested races across the state. Here, The Lawbook takes a look at the 2024 results for Texas Supreme Court races, but also compares the results of the 2022 and 2020 straw polls with the results of the general election in an attempt to offer insight into how often the voting members of the bar aligned with the Texas voting public at large.

Michelle Casady

Fifth Circuit Panel Hears Round 2 Challenge to SEC’s ‘No Admit, No Deny’ Policy

Christopher Novinger, of Mansfield, was before the Fifth Circuit for the second time on Thursday morning seeking relief from a “no admit, no deny” provision in a 2016 settlement agreement he entered with the U.S. Securities and Exchange Commission. In July 2022 a different panel of that court rejected his attempt to free himself from the gag order provision via a Rule 60(b) motion that argued the “no deny” portion of the policy violated his First Amendment and due process rights.

Michelle Casady

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