Free Speech, Due Process and Trial by Jury
Plaintiffs law firm Keller Postman, which has its sole Texas outpost in Austin, has been hired by the state to pursue a deceptive trade practices lawsuit against Johnson & Johnson and Kenvue over their marketing of Tylenol. Three lawyers from the firm’s office in Washington, D.C., and Ashley Keller from its Chicago office all signed on to the lawsuit filed Tuesday in Panola County.
In this edition of Litigation Roundup, three former federal judges in Texas join more than two dozen of their colleagues in urging the U.S. Supreme Court to reject President Donald Trump’s tariff regime, the parties involved in an East Texas water fight reach an agreement and a math lesson from the Dallas Court of Appeals wipes out a $26.9 million prejudgment interest award.
Gov. Greg Abbott announced Friday he has appointed the former solicitor general of Texas to serve as the newest member of the Texas Supreme Court. Kyle Hawkins, who most recently was a partner at Lehotsky Keller Cohn, will be filling the seat left vacant by former Justice Jeff Boyd, who left the court in September.
U.S. District Judge Alan D. Albright on Tuesday issued a 24-page opinion permanently banning Texas from enforcing certain parts of HB 900, referred to as the READER Act, which stands for Restricting Explicit and Adult-Designated Educational Resources. He wrote that while the state has an interest in protecting children “from obscene content in the school setting,” the challenged law “misses the mark on accomplishing its goal and is unconstitutional.”
In this edition of Litigation Roundup, a federal judge in Fort Worth makes a business pitch to Apple and X Corp., a hefty sanction is upheld against two lawyers, and a pro se litigant is called out by a Fifth Circuit panel for citing cases that “appear to be fake” in her sex discrimination appeal.
Lawmakers this session did something that hadn’t been done in more than 40 years: approved the creation of new civil district courts in Harris County. The five new courts will come online next year and in 2027, and officials have said the additions will improve docket efficiency, enhance access to justice and strengthen the court system’s ability to serve Harris County.
In this edition of Litigation Roundup, the Texas Supreme Court requests responses in a $15.4 million personal injury appeal involving CenterPoint in a fight over public records involving Highland Park Independent School District and Ken Paxton takes an alleged “political takeover” attempt in Loving County to the courthouse.
A jury in the Eastern District of Texas on Friday morning delivered to a company that accused Samsung Electronics of infringing four patents exactly what it asked for: $445.5 million in damages for the telecommunication giant’s willful use of the technology it hadn’t paid for.
The justices fired off questions about olive oil, wine, banana bread and podiums in trying to suss out where the line should be drawn on what constitutes a product “made of tobacco or a tobacco substitute.” The decision on whether nicotine pouches can be taxed as a tobacco product could have wide implications as the popularity of the products continues to grow.
The lawyer representing the owners of a luxury home furnishings store in Conroe who argued the facility next door violated a restrictive covenant called the decision a “complete victory” for his clients. The 193-mile long Blackfin Pipeline is intended to ship gas from Colorado County, just west of Houston along Interstate 10, to Jasper County, just north of Beaumont.
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