Free Speech, Due Process and Trial by Jury
Industry groups argue the burden of proof as to whether property damage is caused by a covered or uncovered cause has erroneously shifted to policyholders when it should be on the insurers. As hurricane season approaches its traditional peak in the state, the Texas Supreme Court will hear oral arguments on Sept. 21 in the dispute that could have major implications for insurance policyholders.
In this week’s edition of Litigation Roundup, a team from Susman Godfrey obtained a patent infringement win against Ericsson, two Kilpatrick Townsend attorneys took another step toward ending a recruiter’s fee lawsuit, the Fifth Circuit affirmed a $3 million award in a trade secrets lawsuit between competing oil industry employment websites and Baylor College of Medicine won a $48 million Covid-19-related jury award.
Judges who have implemented the practice of allowing jurors to ask questions of witnesses via written submission say it makes deliberations more efficient and allows jurors to reach the correct result. But the majority of judges don't allow it, and Chief Judge Rodney Gilstrap said that's for good reason.
Appellate partners with Alexander Dubose Jefferson, Beck Redden and Haynes and Boone told 180 attendees during a continuing legal education webcast Wednesday about four cases the Texas Supreme Court will hear this term and why they're important.
This week’s Litigation Roundup features a fight between the Houston Astros and Texas Comptroller Glenn Hegar over about $462,000 in taxes assessed against the ball club, a $3.3 million jury win for the buyers of a North Dallas office complex and a second bite at the apple for a Louisiana federal judge who enjoined a Biden administration order pausing oil and gas lease sales.
In the five years since Hurricane Harvey devastated the Houston region, courts have been wrangling the massive amount of litigation spawned by the storm, brought by property owners seeking damages for the flooding that in many instances took everything they had. Storm cleanup and later the COVID-19 pandemic caused some roadblocks to resolution, but time hasn’t run out for those still waiting to make a claim.
A major point of contention in the case was whether Rothwell Energy Services’ president and director, Juan Hurtado, was the actual nephew of the former head of Citgo, Nelson Martinez, who later served as Venezuela’s oil minister and died in prison after being swept up in the PDVSA corruption probe. Rothwell’s attorneys argued Hurtado referred to him as “uncle” but had no blood relation with the close family friend, while Citgo’s attorneys argued that relationship was proof of impropriety in the deal.
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.
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.
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.
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