Free Speech, Due Process and Trial by Jury
The Texas Supreme Court on Friday dealt a blow to the maker of a nicotine pouch product, finding that the company’s VELO pouches are subject to the same duty levied on cigars, chewing tobacco and snuff. But the court did leave one door open for RJR Vapor.
In the third trial in multidistrict litigation stemming from the fatal 2020 explosion in West Houston, the jury unanimously cleared 3M of negligence. The first two trials ended in verdicts against 3M, totaling about $156 million for 12 plaintiffs.
The Supreme Court of North Dakota has directed the trial court to enter a narrow antisuit injunction against Greenpeace International Thursday morning, barring it from proceeding with its action against Dallas-based Energy Transfer in the Netherlands. A North Dakota jury awarded Energy Transfer more than $660 million in damages against Greenpeace in March 2025.
In this edition of Asked & Answered, McKool Smith’s Sam Baxter, who recently retired, reflects on his 56-year career. While he is known for his work trying intellectual property cases in the Eastern District of Texas, he started out as a prosecutor and judge.
Lisa Staler Gallerano is returning to private practice after nearly a decade in-house, joining BakerHostetler’s Dallas office as of counsel in the firm’s litigation practice group. Gallerano also will be a member of the firm’s commercial litigation team.
U.S. Supreme Court Justice Amy Coney Barrett spoke about her book Listening to the Law at the George W. Bush Presidential Center on Southern Methodist University’s campus Monday evening. From clerking for Justice Antonin Scalia to ruling on a death penalty case, Justice Barrett covered a few topics in her book.
In this edition of Litigation Roundup, Hunton Andrews Kurth scores a win for Oncor in an appeal of a National Labor Relations Board decision, and the former head of internal audits for a defunct electric vehicle company strikes a deal to settle insider trading allegations.
Following a four-week trial, a jury determined the National Collegiate Athletic Association is liable for negligence in a lawsuit brought by the family of a former Southern Methodist University football player who died of chronic traumatic encephalopathy dementia.
In this edition of Litigation Roundup, a lawsuit Mercuria Energy American filed against a former trader won’t be going to trial after all, and the U.S. Securities and Exchange Commission gets a $7 million final judgment in a case against a forex trader from Houston it alleged was operating a Ponzi scheme.
Brett Johnson, co-managing partner of Winston & Strawn’s Dallas office, was approached in February by a corporate client and the opposing counsel in a litigation matter with the same message.
“You have got to talk to Aimee Fagan,” the client told Johnson. “She’s your kind of lawyer — excellent courtroom skills and an even better person.”
That same weekend, three friends — none of them related to each other — contacted Fagan, a prominent Dallas intellectual property lawyer at Sidley Austin, to encourage her to talk to leaders at Winston because they thought the Chicago-founded firm “was a natural fit for my practice.”
On April 24, Fagan joined the Dallas office of Winston.
Two University of Texas School of Law graduates, who are also veterans, are striking out on their own to start Ryman Clark, a boutique firm focused on tenants’ rights and complex property and construction litigation. Alexander Clark and Kyle Ryman, who were then practicing at Haynes Boone and McKool Smith, respectively, first discussed launching their own firm last year at a gala benefiting the Texas Access to Justice Commission’s Veterans Committee.
The group of 12 downstream property owners in this case have alleged their damages total $22 million. Their lawyer, Richard Mithoff, who represents an additional 502 of the thousands of downstream plaintiffs whose claims are still pending, said he’s hopeful a trial date for the damages portion of the case will be set soon.
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