In this edition of Litigation Roundup, the widow of an oilfield worker sues Apache Corp. over her husband’s heat-related death, lawyers for the driver of a vandalized Tesla tout a first-of-its-kind civil suit, and Judge Stuart Kyle Duncan takes aim at the qui tam provisions of the False Claims Act in a concurring opinion where the court wiped out a $28.7 million jury award.
Auto Group Files $150M Suit Against Ex-Biz Partner
Tate Group Automotive, run by three siblings, has turned to the Texas business court to resolve a $150 million dispute with one-time business partners Reynolds and Reynolds Company and Legacy Automotive Capital. The lawsuit brings claims for breach of contract, breach of fiduciary duty, misapplication of fiduciary property or civil theft, negligent misrepresentation, fraud, quantum meruit, tortious interference and civil conspiracy.
DOJ Picks WDTX as Forum for CBA Suit Against American Federation of Government Employees
The case has been assigned to U.S. District Judge Alan Albright, who is being asked to declare that eight federal agencies have authority to terminate the collective bargaining agreements with their employees. The lawsuit was filed one day after President Donald Trump issued an executive order exempting employees of the eight federal agencies bringing this lawsuit from federal labor law requirements, purportedly in an effort to “enhance the national security of the United States.” The Office of Personnel Management subsequently instructed those agencies “to take appropriate steps toward terminating their previously negotiated CBAs,” according to the lawsuit.
Texas Trial Team Secures $1.6B Final Judgment Against Pharmaceutical Firm
In June, a New Jersey jury hit Janssen Products with a $150 million verdict. The final judgment trebled damages and assessed a whopping $1.27 billion civil penalty but did ax about $30 million in damages to the states under the False Claims Act after the judge agreed with Janssen that not enough evidence was presented to sustain that portion of the award. Dallas boutique Reese Marketos was brought into the case two years ago to take it to trial.
Family of Ex-SMU Quarterback Sees CTE Case Against NCAA Revived
Roger S. Braugh Sr. played both quarterback and defensive back for the Southern Methodist University football team from 1960 until 1962. He died in March 2019 and an autopsy performed at Boston University showed the cause was stage IV CTE. A Dallas County judge dismissed the suit after agreeing with the NCAA that the two-year deadline to bring the lawsuit had lapsed.
Litigation Roundup: Fifth Circuit Revives Coast Guard Vaccine Mandate Challenge
In this edition of Litigation Roundup, we give readers one guess as to why Buc-ee’s filed a new lawsuit in Missouri, CBS moves to dismiss a federal lawsuit filed by President Donald Trump, and we detail two new state court lawsuits each seeking more than $100 million in damages.
Justices Dig Into Preemption Issue in Boeing, Southwest Airlines Pilots Association Case
The crux of the case is whether the Railway Labor Act preempts the claims brought by SWAPA. Boeing says it does because deciding the case requires interpretation of the collective bargaining agreement between Southwest Airlines and its pilots. SWAPA says the RLA does not preempt its suit because the act only applies to claims between airline carriers and employees, and Boeing is not either of those.
Special Master Tells Judge Gilstrap ‘Bad Faith Conduct’ Requires Sanction of Irell & Manella Lawyers
Samsung had asked the court to sanction opposing counsel in a sealed motion filed in October, alleging attorneys representing CogniPower had deposed a Samsung representative using a doctored document. David Folsom of Texarkana was appointed by the court to serve as special master and investigate the issue in October.
NCAA Beats Back Texas’ ‘Sex Screening’ Temporary Injunction Bid
The NCAA had told the court there was no evidence to support Texas’ contention that any men were competing in women’s sports. “As previously represented to this Court, the NCAA is not aware of any transgender female student-athletes in any division of women’s college basketball. Moreover, even if there were, the 2025 policy would prevent them from competing.”
Litigation Roundup: SCOTX Clarifies Jurisdiction of 15th Court of Appeals
In this edition of Litigation Roundup, the Texas Supreme Court answered a burning question about the jurisdiction of the Fifteenth Court of Appeals, and Google moves to arbitrate a negligence lawsuit over an AI chatbot.