Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, the Texas Supreme Court answers two certified questions from the Fifth Circuit, and a plaintiff who saw her $222 million jury award canceled abandons her appeal.
The ground had not yet thawed four years ago when the Texas courts were slammed with an avalanche of lawsuits. More than 30,000 individuals and small businesses filed wrongful death, personal injury and property damage lawsuits against ERCOT and the energy companies accusing them of gross negligence that caused much of the power blackouts. A separate class action accused energy companies and financial institutions of using Winter Storm Uri to manipulate prices and generate billions of dollars in profits. Four years later, not a single witness deposition has been taken and not a single case has been set for trial. And a growing number of legal experts predict that none of those cases will ever be heard by a jury of Texas citizens.
As an assistant attorney general, James P. Sullivan saw his petition in a habeas case struck for its tone and lack of respect. He says he apologized and learned from the incident. Gov. Abbott in January elevated Sullivan from his general counsel to the Supreme Court. Relatively unknown in the Texas legal community, Sullivan’s judicial application sheds some light on his judicial philosophy. Most of his litigation experience was in federal court, the document shows, with only 20 percent in state appellate courts.
In this edition of Litigation Roundup, we have details on the outcome of a discrimination lawsuit brought by a Black attorney in Houston who alleges he was kicked out of a bar at the Post Oak Hotel for wearing a “[Mark] Lanier 6.0 Trial Academy Master Class” hat, Whirlpool gets a $25 million trademark infringement win in the Eastern District of Texas, and the Texas Supreme Court passes on hearing a case involving the Judicial Branch Certification Commission’s regulation of licensed court reporters.
Plaintiffs firm Arnold & Itkin has appealed a Harris County trial judge’s decision that allowed the law firm Ahmad Zavitsanos & Mensing to stay on as defense counsel to Transocean in multidistrict litigation stemming from offshore workers’ injuries, arguing the ruling was “in error” and “an abuse of discretion.”
Former Fifth District Court of Appeals justice Amanda Reichek has joined Dallas law firm Tillotson Johnson Patton as a partner after losing her re-election bid in November. Reichek, who previously worked in plaintiff-side employment law and union-side labor law, expressed excitement about returning to a small firm setting and joining a "top-notch" legal team. The firm’s name partner, Jeff Tillotson, praised Reichek's knowledge and skill, noting she adds tremendous value to their already strong appellate group.
One of the Supreme Court’s less-heralded decisions from last term promises to have major consequences for businesses affected by federal regulations: Corner Post v. Board of Governors of the Federal Reserve System.
The en banc oral arguments came in a dispute between Abraham Watkins Nichols Agosto Aziz & Stogner and former associate Edward Festeryga, who the firm alleges tried to take its clients with him when he left. The whole court agreed to hear the dispute after Judge Stuart Kyle Duncan — who sat on the panel that sided with the law firm and affirmed a ruling that sent the case back to state court — called for the move in a July 2024 concurring opinion that said the crux of the court’s 1980 holding in In re Weaver was “incorrect.”
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