Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, the Fifth Circuit asks the Texas Supreme Court to answer two certified questions, a team of Austin lawyers are hired to represent Twitter in a $90 million suit against Wachtell and Texas Instruments sues a slew of insurers over damage to its clean room.
Joe Coleman, John Kane, Brian Hail and a team of other lawyers from Kane Russell Coleman Logan recently secured a favorable outcome for a group of unsecured creditors in a bankruptcy proceeding for a Carl Icahn-owned company, Auto Plus. At the outset, it seemed the unsecured creditors stood to recoup none of their roughly $200 million in unsecured debt, but the legal team overcame three key challenges on its way to recovering more than $57 million: Auto Plus’ apparent administrative insolvency, a fast-tracked sale of assets already in motion and “the specter of the fact that Carl Icahn was the ultimate owner,” Coleman said. “Obviously, Mr. Icahn has an enormous reputation, he’s a very shrewd businessman.”
In this edition of Litigation Roundup, the Texas Supreme Court held that the attorney-client privilege means a conservative nonprofit news organization cannot get access to certain documents stemming from a University of Texas admissions process investigation, and the parties on either side of a personal injury lawsuit that netted a $352 million jury verdict told an intermediate appellate court a settlement has been reached.
In a 7-2 ruling issued Friday morning, the last day of the court’s term, the justices denied a request from the former owner of the Houston Astros, Drayton McLane, to bring an early end to a lawsuit brought by the team’s current owner, Jim Crane, alleging lies and deceptions caused him to overpay for the team in 2011. The ruling means Crane will have a chance to proceed with a trial in Harris County where he is seeking to recoup the entire $332 million he paid for a stake in the Houston Regional Sports Network that was part of his $615 million purchase of the Major League Baseball team.
Trial lawyers who spoke to The Lawbook said the ruling in Gregory v. Chohan didn’t offer much clarity on the proper evidentiary standard for noneconomic damages awards. Justice John Devine, who agreed with the plurality that an improper closing argument likely influenced the damages award and mandates a new trial, decried the new evidentiary standard advocated for by three justices as “impossible” to meet.
Cindy V. Tisdale, a partner at Goranson Bain Ausley in Granbury, was sworn in June 22 as the new president of the State Bar of Texas. Tisdale, who practices family law, answered questions from The Lawbook about why she sought to lead the organization and what her goals are.
In this edition of Litigation Roundup, the Texas Supreme Court sides with an attorney who got zero compensation for his shares when he and his old firm parted ways, McKool Smith secures a unanimous $4 million jury verdict for a software company client and Baker McKenzie notches a SCOTUS win.
Bracewell partner W. Stephen Benesh was sworn in as president-elect of the State Bar of Texas June 22 during the annual meeting in Austin. He answered questions from The Lawbook about why he wanted to take a leadership role and what his goals are.
The Lawbook has pulled together some highlights of past battles won, lost and settled between the four Houston lawyers leading the prosecution and defense in Ken Paxton’s Senate impeachment trial. Dick DeGuerin, Rusty Hardin, Dan Cogdell and Tony Buzbee have all handled blockbuster trials in their legal careers, but here we explore instances where they were involved in the same case.
In this edition of Litigation Roundup, a Texas federal judge threatens to toss a minority investor suit against Blackstone Inc., a Houston boutique notches a PTAB win against Apple, and the Texas Supreme Court agrees to hear a suit stemming from the handling of a fen-phen settlement.
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