In this edition of Litigation Roundup, the U.S. Securities and Exchange Commission is running out of patience for a duo accused of running a Ponzi scheme who have yet to retain counsel, an insurer seeks a declaration it doesn’t have to foot the bill in a $10.6 million workplace injury suit, and a Tex-Mex chain notches a win at the Texas Supreme Court.
Litigation Roundup: SCOTX Takes Honda’s $25.9M Seatbelt Injury Appeal, Houston Firm Gets $9.8M Win in Mississippi
In this edition of Litigation Roundup, a Houston firm gets a $9.8 million verdict in a workplace fatality case while the Texas Supreme Court agrees to decide both if a libel suit brought against a newspaper by a prosecutor should be tossed and if a $25.9 million product liability jury verdict against Honda can stand.
Judge Starr’s AI Order Draws Praise
U.S. District Judge Brantley Starr could be the first in the nation to issue a standing order governing the use of artificial intelligence in his courtroom. Texas attorneys who spoke to The Lawbook about the order praised the move as a needed reminder of a lawyer’s professional obligations.
Amici Take Sides in $1.6B IBM, BMC Appeal
Six amicus briefs have been filed with the Fifth Circuit in the case where IBM is trying to undo a $1.6 billion judgment entered against it after a bench trial before U.S. District Judge Gray Miller. BMC had filed a cross appeal in the lawsuit but dropped that fight in April to “simplify and shorten the proceedings.”
Litigation Roundup: Texas Agrees to $425M in Settlements, Jerry Jones Hires Jackson Walker for Defamation Defense
In this edition of Litigation Roundup, Jerry Jones hires a Jackson Walker First Amendment pro to defend him in a defamation suit, Texas reaches multimillion-dollar settlements with Audi, Volkswagen and Walgreens and a chemical company lost a bid on appeal to saddle an insurer with a $16 million bill after paying fraudulent invoices.
Fifth Circuit Seeks SCOTX Input in Flight Attendants’ Boeing Suit
A three-judge panel of the Fifth Circuit has asked the state’s high court to answer two certified questions that will determine if two flight attendants, Marvin Sanders and Matthew Sodrok, can proceed with their suit against Boeing over the alleged malfunction of a smoke detector on one of the company’s planes.
Trucking Co. Werner Can’t Duck $116M Fatal Crash Judgment on Appeal
In an “exceedingly rare” move, as a dissenting justice noted, the case was not first decided by a three-justice panel before the en banc court considered it. The court’s May 18 divided decision generated two dissents and likely set the stage for an appeal to the Texas Supreme Court.
Litigation Roundup: Kinder Morgan Prevails at SCOTX, LG Chem Does Not
In this edition of Litigation Roundup, Kinder Morgan gets a win at the Texas Supreme Court in a tax fight with a school district, a jury sides with the widow of a NASA astronaut in a probate dispute involving space artifacts, and a Houston company is accused of monopolizing an ERCOT savings program.
Texas Justices Decline to End Winstead Malpractice Suit
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.