Free Speech, Due Process and Trial by Jury
Gov. Greg Abbott on Tuesday announced that Collin County District Judge Emily Miskel, who lost a bid to get elected to the Fifth Court of Appeals last month, will be assuming an open seat on that court. Miskel has been a judge in Collin County since 2015.
In this week’s edition of litigation roundup, appellate rulings take center stage. The Texas Supreme Court granted review in a tax dispute between Kinder Morgan and a school district and allowed a sex trafficking lawsuit against Salesforce to proceed. In the Fifth Circuit, a former general counsel and staff attorney at a Louisiana college appeal to revive their pay discrimination and retaliation suit.
Five years after first arguing that the False Claims Act Lawsuit against Academy Mortgage Corporation should be dismissed, the Department of Justice publicized the $38.5 million settlement on Wednesday. This lawsuit marked the first time a judge denied the government’s motion to dismiss an FCA suit, presenting an issue of first impression to the Ninth Circuit panel that heard the case. Earlier this month, a case that asks what authority and discretion the government should have to dismiss whistleblower actions was heard by the U.S. Supreme Court.
In this week’s edition of litigation roundup, a team from Norton Rose Fulbright wins dismissal of a lawsuit over a never-realized business acquisition, Oncor wins an appeal in Austin in a suit over the valuation of its transmission lines, and a constitutional challenge to a state law governing transmission lines gets expanded by the Fifth Circuit.
In this week’s edition of litigation roundup, Targa Channelview files its opening brief with the Texas Supreme Court in a long-running $129 million fight with Vitol Americas, Maersk says its not responsible for cargo lost at sea and a former Abraham Watkins’ associate accused of taking files and clients from the firm fires back with an anti-SLAPP dismissal bid.
In orders issued Friday morning, the Texas Supreme Court granted a request from Houston Baseball Partners to drop its claims against Comcast and NBC. That means the case now pits current owner Jim Crane against the man who sold him the team, Drayton McLane.
Justices consider Texas A&M University’s governmental immunity claim in case involving single-vehicle crash by a deputy sheriff at a recently altered intersection. The deputy wants an opportunity to replead his premises liability case.
Ask any fraud prosecutor what their bread-and-butter criminal statute is, and you’ll surely hear about mail fraud or wire fraud. Taken together, they account for a significant percentage of fraud prosecutions at the federal level. Both statutes are broad and malleable, requiring a fraudulent scheme to obtain money or property, a criminal intention to defraud someone and either a mailing or interstate wire transmission. And, properly drafted, just about every type of economic crime can be cabined into a charge of mail or wire fraud. The U.S. Supreme Court is revisiting the scope of property rights protected under the mail and wire fraud statutes this term in Ciminelli v. United States.
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