Free Speech, Due Process and Trial by Jury
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.
The court-appointed litigation trustee overseeing the GWG Holdings bankruptcy has asked a federal judge to approve a settlement with its subsidiary Beneficient that would clear the way for the parties to jointly go after Beneficient’s former director and chief executive officer, Brad Heppner.
Dean Omar Branham Shirley, which has racked up numerous wins on behalf of clients who allege Johnson & Johnson’s baby powder caused their mesothelioma, has done it again.
In a verdict returned by a California jury Monday evening, jurors determined Mae Moore, who died in December 2021 of mesothelioma, was exposed to Johnson’s baby powder or Shower to Shower, a body powder product, that contained asbestos, that the company was negligent in selling the product and that it was a substantial cause of Moore contracting mesothelioma.
In this edition of Litigation Roundup, Jerry Jones takes an “L” in his latest bid to bring an early end to a sexual assault lawsuit, American Airlines is hit with a permanent injunction in an ESG-related investor suit, and a Houston-based furniture company secures a $2.1 million final judgment.
In four separate filings, GWG bondholders this week spoke out forcefully against requests from Jackson Walker, Porter Hedges, David Jones and Elizabeth Freeman to dismiss racketeering claims against them, doubling down on allegations that each party was enriched by keeping secret a “live-in, intimate relationship” between then-bankruptcy judge Jones and bankruptcy lawyer Freeman.
The case turned on whether Texas or Mexico law applied to the issue of res judicata, which precludes parties from relitigating disputes once there’s been a final judgment on the merits. The Eighth Court of Appeals, in a 2-1 opinion, determined the trial court gets to decide which law applies and it was not incorrect in determining the litigation of a related suit in Juarez, Mexico, barred this one in El Paso under Texas law.
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