In this edition of Litigation Roundup, the Fifteenth Court of Appeals decides a case of first impression in favor of Google in the biometric data lawsuit Texas is pursuing, the state and W&T Offshore join forces to sue the outgoing Biden administration, and a jury in San Antonio determines a barbecue restaurant owes millions in a suit over hot barbecue sauce.
Baker Botts Boosts International Disputes and Antitrust Practices with High-Profile Hires
Ben Love returns to Texas after working out of Boies Schiller Flexner’s New York and Washington D.C. offices. Former Texas-based lawyer Edward Duffy joins Baker Botts from the U.S. Department of Justice.
Energy Transfer and Far West Texas Gas Companies Settle Lawsuit One Week Before Trial
Energy Transfer, represented by Lynn Pinker Hurst & Schwegmann, filed a lawsuit in April 2022 against Culberson Midstream Equity and Moontower Resources Gathering alleging a breach of their 2018 contract because the gas gatherers didn’t deliver committed gas. Culberson and Moontower, represented by Reese Marketos, filed a counterclaim also alleging a breach of contract.
Ousted Oil Executive’s Suit Goes to Trial in Dallas
Bernard Tubeileh, a German national, claims he was wrongly terminated by the Plano-based U.S. subsidiaries of a German oil and gas company he helped start. The companies say he resigned when his years of self-dealing, unlawful transactions and misappropriation of company funds came to light.
Judge Awards $1.8M in Fees to Disabled Ex-NFL Player’s Lawyers
In a 34-page order, Judge Scholer found that the NFL and its retirement fund must pay Michael Cloud’s lawyers at Barlow Garsek & Simon in Fort Worth $1,232,058.75 for their pretrial and trial work, $550,000 for their appellate work and $30,074.72 in costs.
Litigation Roundup: SCOTX Changes Mind, Grants Review in Boeing, SWAPA Suit
In this edition of Litigation Roundup, Boeing gets a second chance to bring an end to a Southwest Airlines Pilots Association’s lawsuit, American Airlines is dealt a blow in a lawsuit over its 401(k) plan investing, and Attorney General Ken Paxton — in the wake of an appellate panel tossing his Texas Deceptive Trade Practices Act suit against Google — has filed new lawsuits accusing TikTok of violating the same law and Allstate Insurance of using technology to unlawfully collect driving data to justify premium increases.
Jury Hands Landry’s Loss in TM Spat with Whiskey Distiller
Opening statements were delivered to jurors Wednesday afternoon in the lawsuit Landry’s filed against Lowell Zachary Landry and his company, Landry Distilling, in March 2023. Landry was one of just four witnesses called to testify during the trial that ended with a verdict in his favor around 1 p.m. Monday.
Social Media Influencer’s Texas Lawsuit Against Rival Could Pave the Way for Future Copyright Cases
A lawsuit filed by Sydney Nicole Gifford, a former Austin resident who promotes Amazon products, against fellow Austin-area influencer Alyssa Sheil survived a motion to dismiss last month. Lawyers who spoke with The Texas Lawbook said widespread attention on the case is likely to incite other influencers to contact lawyers and explore legal avenues, including litigation, to safeguard their brand aesthetics, even though those same legal observers expressed skepticism about the case’s viability moving forward.
Panel’s Dismissal of Texas’ Suit Against Google Sets Stage for SCOTX Review
In an 18-page ruling issued Thursday, Chief Justice Jaime Tijerina and Justices Clarissa Silva and Lionel Aron Peña Jr. held that the lawsuit — alleging Google violated state law when it made certain representations about how user location information and browsing history data is collected — cannot proceed in Texas courts.
Dallas Judge Finds Khoury, Shamoun’s ‘Improper and Incurable Jury Argument’ Mandates New Trial
Earlier this week, Dallas County District Judge Gena Slaughter issued a four-page order finding that the arguments made by defense lawyers Stephen A. Khoury and C. Gregory Shamoun in front of a Dallas County jury deciding a fraudulent transfer case were “improper and incurable.” But Khoury and Shamoun told The Texas Lawbook this week they are “shocked” by the finding and argue Judge Slaughter’s order is “inaccurate and incorrect.”
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