Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, we detail a case where an intermediate appellate court seems dubious about a real estate developer’s claim that he missed a deadline to appeal because he suffered a stroke, Southwest Airlines is hit with a suit over an alleged in-flight sexual assault, and a woman accused of stealing more than $100 million from the government goes to prison.
The Fifth Circuit majority zeroed in on the “double-layered delegation” of the authority to set the tax rate for the universal service fund, which is used to subsidize phone and internet services for rural and low-income areas, as well as schools, hospitals and libraries, across the country. With the holding, the conservative Fifth Circuit did what the Sixth, Eleventh and D.C. circuits had declined to do in cases brought by the conservative nonprofit Consumers’ Research against the FCC raising this same issue.
In this edition of Litigation Roundup, a Whistleblower who sued Kellogg, Brown and Root sees his $1.1 million recovery wiped out on appeal, another class action lawsuit over a data breach is filed against AT&T and a Uri-related gas delivery fight against Pioneer Natural Resources is revived.
Doubling down on an argument that was central in its original petition to the court, The Boeing Company told the Texas Supreme Court in a motion for rehearing filed Wednesday that without intervention, Texas will remain “a national outlier on conflict preemption under the federal Railway Labor Act.” The aerospace company is hoping to bring an end to a lawsuit brought by the Southwest Airlines Pilots Association alleging Boeing’s false representations about the airworthiness of the 737 MAX aircraft cost it millions of dollars.
In this edition of Litigation Roundup, the Fifth Circuit issues a ruling that affects unnamed members of limited liability companies in a case of first impression, a North Texas software CEO gets 20 years in prison and a 156-year-old ban on distilling liquor at home is struck down.
The Texas Supreme Court reviewed 96 cases from the state's 14 intermediate appellate courts this past term. Overall, the distribution of outcomes varied, with some courts experiencing a higher rate of affirmations while others saw more reversals or mixed decisions. The Lawbook examined the performance of the appeals courts by the state's highest judicial authority.
One little word within the text of the Texas Citizens Participation Act effectively disincentivizes First Amendment lawyers from taking libel and defamation cases on a pro bono basis. Two lawyers who have won dismissal of such lawsuits brought against their pro bono clients spoke to The Lawbook about prospects for a legislative fix this upcoming session.
In this edition of Litigation Roundup, we look at the lawyers who helped secure recent rulings barring the federal government from regulating horseracing and from enforcing bans on both noncompete agreements and LNG export approvals.
In early June, the U.S. Judicial Panel on Multidistrict Litigation transferred to U.S. District Judge Ada Brown a group of proposed class action lawsuits brought by dozens of lawyers over the AT&T data breach. Lawyers representing the plaintiffs — who are among the 73 million current and former customers who had their personal information released on the dark web — are already jockeying for leadership positions in the sprawling litigation.
James Dondero had appealed to the Fifth Circuit in September 2022, arguing the bankruptcy judge wrongly found him in contempt of a temporary restraining order and awarded compensatory damages to Highland. Judge Leslie H. Southwick wrote that the “minor factual issues” Dondero raised on appeal weren’t enough to undo the sanction. “Undergirding our analysis of the sanctions award here is a recognition of the goal of such awards everywhere: ‘to do rough justice,’” he wrote.
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