A federal appeals court handed Nevada-based VirnetX its latest win Tuesday in its intellectual property feud with Apple when it affirmed a $439 million judgment that stemmed from a September 2016 jury trial in East Texas.
The Top Texas Litigation Stories of 2018
“Litigation documents the lifelines of relationships: when they blossom, when they crumble and everything in between. And no matter how big a company is, it’s the people and lawyers behind it who drive the narrative.” So notes Natalie Posgate in describing her picks for the top ten Texas-related litigation victories of 2018.
Trial & Appellate Boutique in Houston Mints Two Partners
Brian Cathey and Andrew Nelson’s promotions make 19 partners at Wright Close & Barger.
Fifth Circuit Dismisses Suit Against Schiff Hardin
The U.S. Fifth Circuit has dismissed a lawsuit filed in East Texas against Schiff Hardin charging that the firm had misrepresented facts to an insurance company during its defense of a products liability lawsuit. Most of the claims had already been dismissed, but the appeals court said the trial judge erred in a novel interpretation of Texas case law.
Appeals Court Tosses West Texas $43.1M Jury Award
The Eleventh Court of Appeals ended 2018 by tossing $43.1 million of a nearly $50 million West Texas jury award, ruling that a group of West Texas oil and gas investors who called themselves “partners” had no partnership at all. Allen Pusey explains.
SCOTX Endorses Arbitration – Yet Again
In yet another show of support for mandatory arbitration, the Texas Supreme Court has ruled unanimously that a duly assigned arbitrator has the power to decide a dispute, even when it involves conflicting court orders. The Lawbook’s Janet Elliott explains.
Will the 2018 Judicial Elections Breathe New Life into Factual Sufficiency Review?
Newly-elected judges on the Texas courts of appeals may soon revisit a firmly rooted – albeit faded – distinction between factual and legal sufficiency as they grapples with their differences with pro-business justices on the Texas Supreme Court. Specifically, courts of appeals may be able to limit state Supreme Court review by deciding cases based on factual sufficiency of the evidence. The Texas Lawbook has details.
TX Supremes Weigh Reliance on Contracts v. Texas Law
Mercedes-Benz is asking the Texas Supreme Court to declare that signed written contracts are sacrosanct and override all extra-contractual statements, even if those extra-contractual promises amount to felony fraud, directly contradict Legislative policy and cause severe financial harm to a Texas business. The Texas Lawbook has details.
SCOTX Mulls: ‘When Is An Investigation Not An Investigation?’
SCOTX heard oral arguments last week over efforts by the Dallas Morning News to dismiss a libel suit against them. Owners of a now-defunct compounding pharmacy claim a 2016 article in The News falsely suggested they were under federal investigation. That claim of falsehood is complicated by a federal raid on their offices the very day they argued in court.
SCOTX To Decide Fate of $8M Jury Verdict For Astros Owner
When Houston Astros owner Jim Crane and another investor bought a new aircraft for $19.85 million in 2010, they apparently expected it to be…well, new. When they discovered two years later it had been equipped with a used left engine with a troubled history, they sued. Now the SCOTX is weighing whether the evidence supports their $8M verdict.
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