Litigation Roundup: Katten to Defend $170M Healthcare Fraud Case, Fatal Crash Draws $100M Suit

In this edition of Litigation Roundup, a history professor at the University of Texas at Austin sees his retaliation lawsuit revived while a finance professor at the university sees his discrimination lawsuit tossed, a judge in the valley awards a man who had his leg amputated in a workplace injury $10.5 million, and a team of lawyers at Foley & Lardner get a win for their direct-selling client against the Federal Trade Commission.

October 9, 2023 Michelle Casady

Fifth Circuit Overturns Dallas Judge’s Order Boosting Former NFL Player’s Disability Benefits

The appellate court praised U.S. District Judge Karen Gren Scholer for casting light on the NFL retirement plan’s “disregard of players’ rights” and its “lopsided system aggressively stacked against disabled players.” But, it said, former running back Michael Cloud was not entitled, under the plan’s rules, to the increase in benefits that Judge Scholer ordered.

October 9, 2023 Bruce Tomaso

Former Federal Prosecutor Charles Fowler Returns to McKool Smith

Fowler’s experience raising unprecedented constitutional issues in federal courts will enhance McKool Smith’s growing appellate practice, the firm says.

October 5, 2023 Krista Torralva

Texas Justices Wrestle with Attorney Fee Recovery in Prompt Payment Act Dispute

The Texas Supreme Court heard oral arguments Wednesday morning on a certified question from the U.S. Court of Appeals for the Fifth Circuit in a dispute that tees up the interpretation of a 2017 amendment to the Texas Prompt Payment of Claims Act. Noting a federal court split on the issue and that only one intermediate appellate court in Texas has addressed the issue, the Fifth Circuit asked: In an action under Chapter 542A of the act, does an insurer’s payment of the full appraisal award plus any possible statutory interest preclude recovery of attorney fees?

October 4, 2023 Michelle Casady

SCOTX Ponders Order Shutting Down Stinky Poultry Operations

The appeal involves high-powered lawyers and noxious fumes from East Texas industrial chicken farms. It presents important legal questions arising out of recent Texas Supreme Court decisions on temporary nuisances and permanent equitable relief.

October 4, 2023 Janet Elliott

Fifth Circuit Upholds Forest Park Medical Center Convictions

An appellate panel rejects every ground raised by seven convicted defendants in one of the biggest medical fraud cases in Texas history.

October 2, 2023 Bruce Tomaso

Appellate Court Threatens Contempt Proceedings Against Harris County District Judge

Harris County Judge Ursula Hall has until 5 p.m. Monday to rule on a motion that has been pending before her in a foreclosure dispute for three years and five months or the First Court of Appeals has said it will initiate contempt proceedings.

September 26, 2023 Michelle Casady

The Use of Scattergrams to Challenge Extreme Verdicts: A Case Study

How trial and appellate courts should review challenges to outsize noneconomic damages awards has been the talk of the Texas bar. With the Texas Supreme Court indicating openness to verdict comparisons, defense counsel should consider, when the facts permit, using visuals such as scattergrams to show that a verdict lies so far outside the norm.

September 19, 2023 Mark Trachtenberg, Kent Rutter & Ryan Pitts