Free Speech, Due Process and Trial by Jury
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.
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.
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.
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.
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.
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.
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