Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, the Texas Supreme Court upholds Texas A&M’s governmental immunity in a crash suit, and Cinemark loses a Covid business interruption claim against an insurer while Baylor University beats back a Covid-related breach of contract claim brought by two students.
The state’s high court will have to decide if the filing of an allegedly deficient motion for default judgment is a “communication” as Winstead argues, which would end USA Lending’s lawsuit, or if USA Lending is correct that the basis of its suit is the failure to communicate. The case implicates the Texas Citizens Participation Act and asks whether it applies in legal malpractice suits.
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.
© Copyright 2025 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.