U.S. District Judge Robert Pitman on Monday sided with Discover Property & Casualty Company and The Travelers Indemnity Company of Connecticut and agreed the commercial general liability policies didn’t require it to defend the breach of fiduciary duty claims. Judge Pitman wrote that Texas courts haven’t squarely addressed the issue presented in this lawsuit.
Litigation Roundup: Law Firm Draws Suit Over Charity Golf Tournament Injury, Distiller Moves To End Texas Lotto’s TM Claim, CenterPoint Hit With $15.4M Injury Verdict
This week’s edition of Litigation Roundup features another chapter in a legal malpractice lawsuit against Haynes and Boone that’s already made it to the Texas Supreme Court, a Fifth Circuit panel striking down a “vague” nationwide injunction that would have allowed oil and gas lease sales to resume and a retired dentist suing a Houston restaurant after being allegedly assaulted by its bouncer.
How the Government’s Case Against Blue Bell’s Ex-CEO Melted
A veteran food safety litigation expert and Paul Kruse’s own defense attorney agreed the government overcharged the CEO in this case. Jurors who heard about a week of testimony deliberated for four days before U.S. District Judge Robert Pitman declared a mistrial.
Trial Groups Tell Texas Supreme Court Compelled Remote Jury Trial Is Unconstitutional
The Texas Trial Lawyers Association, the Texas Chapters of the American Board of Trial Advocates and the Texas Association of Defense Counsel are all on the same side of the issue: Harris County District Judge Dedra Davis’ remote jury trial order is unconstitutional. Among the issues with the proceedings, the amici argued there’s been no effort to ensure the pool of potential jurors have access to technology necessary to participate, artificially limiting the diversity of the panel.
Ex-CEO, Facing Largest Tax Fraud Case Against an Individual, Dies
Robert Brockman’s death came just two days after his attorney said her client was receiving morphine treatments for pain, was in hospice care and had stopped “tolerating food or water.” The Lawbook talked to a former federal prosecutor about the implications for the pending criminal and civil cases against Brockman.
Appellate Roundup: Exxon Loses Fight For $1.5B Tax Refund, Prank Mail Emotional Distress Suit Tossed And More
This edition of the appellate roundup features a reference to “occult mysteries” in Exxon’s $1.5B tax dispute, the dismissal of an emotional distress lawsuit stemming from a gag gift and more.
Ex-CEO In $2B Tax Fraud Case In Hospice Care Judge Told
During a hearing Wednesday morning before U.S. District Judge George C. Hanks Jr. in Houston, Brockman’s attorney told the court her client is not doing well. Brockman, who has dementia, is facing a criminal trial in which the government alleges he concealed about $2 billion in income.
Texas Panel Tosses Al Hill III’s Suit Against Prominent Dallas Litigators
The First Court of Appeals on Tuesday issued an opinion affirming a trial court’s dismissal of malicious prosecution and derivative claims against Lisa Blue, Stephen Malouf, Charla Aldous, Mike Lynn and Jeff Tillotson. It wasn’t clear Tuesday whether Hill III would take the long-running fight to the Texas Supreme Court.
Appellate Roundup: Judge Lynn Hughes Gets Scolded, Hospital Assault Case Fails And More
This inaugural edition of Appellate Roundup features two Fifth Circuit rulings reversing Judge Lynn Hughes, and a ruling from the Fourth Court of Appeals allowing a police shooting suit against University of the Incarnate Word to move forward.
Criminal Trial Begins Monday In Blue Bell Listeria Case
The criminal prosecution of former Blue Bell President Paul Kruse will begin in U.S. District Judge Robert Pitman’s courtroom Monday morning. The government has charged him with seven counts of fraud, but indicated in a hearing Friday they only intend to pursue six counts.