Free Speech, Due Process and Trial by Jury
In a nine-page response to a request from the whistleblowers to lift an abatement in the case after they alleged a bait-and-switch on the $3.3 million settlement deal, the Office of the Attorney General told the Texas Supreme Court the case should stay paused while the Legislature considers approval.
The Supreme Court has reinstated Wal-Mart’s lawsuit against Xerox over $4 million in denied reimbursements for food purchases made during a prolonged outage of the electronic benefit transfer system.
Former professional baseball player and sports nutrition vendor Neiman Nix lost his appeal of a case he filed in Texas against Major League Baseball — arguing that the league's ban of a growth hormone discriminated against his business selling products that included it. It's a case he'd filed, and lost, elsewhere. And that was the problem, the Fifth Circuit said.
In this edition of Litigation Roundup, a Dallas lawyer secures a $29 million jury verdict in a talc case and the Texas attorney general gets a deadline to respond to a request from whistleblowers to reinstate their case pending before the Texas Supreme Court.
Friday morning the Texas Supreme Court determined that Robert Cox and a group of nine other cotton farmers presented insufficient evidence to proceed with their lawsuit alleging Helena Chemical Company’s negligent aerial application of Sendero damaged their crops. A trial court had tossed the suit on summary judgment, but the Eastland Court of Appeals partially revived it, teeing up the high court battle.
In this edition of Litigation Roundup, a $100 million defamation lawsuit against Marriott gets rolling, Dell Technologies gets a win in a $450 million patent infringement lawsuit and the Fifth Circuit agrees Landry’s is on the hook for data breach damages.
On Friday the Texas Supreme Court granted a petition for review from USA Lending Group that aims to revive a legal malpractice lawsuit it filed against Winstead PC regarding the firm’s in a lawsuit against a former employee. USA Lending sued Winstead after its attorneys failed to request damages in a motion for default judgment, which the company alleges cost it about $1.2 million. The Texas Supreme Court will decide whether the Texas Citizens Participation Act applies to the case.
The Texas Supreme Court heard oral arguments in the case for the second time Tuesday, this time with two justices from the intermediate appellate court stepping in for two high court justices who recused themselves. The major issue in the dispute is whether Texas courts have jurisdiction to hear the state’s case against Volkswagen Germany and Audi Germany.
This summer, Bradley Toben will return to the faculty, where he first began teaching law courses in 1983, following his tenure as the longest-serving dean of any American Bar Association-accredited law school in the country.
Retail electric provider Just Energy has asked the Austin Court of Appeals to allow it to join a lawsuit brought by a half-dozen other Texas power suppliers challenging the legality of Texas Public Utility Commission orders increasing the price of electricity during Winter Storm Uri in 2021 by 650 percent.
A three-judge panel of a federal appellate court has rejected a last-ditch effort by three banks to postpone an upcoming trial in which victims in the R. Allen Stanford Ponzi scheme are seeking billions of dollars in damages. The four most powerful words from the lips of a United States district judge are simply, ‘Call your first witness,’ and the veteran presiding judge will so state in a few short days,” the Fifth Circuit stated in the three-page decision.
In this edition of Litigation Roundup, a federal judge finds more flaws in the No Surprises Act, a Houston attorney is found guilty of obstruction of justice and Texas Attorney General Ken Paxton agrees to apologize and pay-up to settle Whistleblower suit.
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