Last week was business for lawyers and judges inside the courtroom and publicly. Texas voters by a nearly two-to-one margin rejected Proposition 13, which would have raised the mandatory retirement age for state judges from 75 to 79. In litigation, two energy companies sued Winston & Strawn for negligence and breach of fiduciary duty; The U.S. Supreme Court refused to halt an environmental trial set to start later this month in Louisiana against BP America, Shell Oil and Hilcorp Energy in which the plaintiffs seek $7 billion in damages; a Dallas jury awarded McKool Smith in $4.7 million in legal fees; and Akin scored a win for Elon Musk’s SpaceX in an immigration dispute.
Judge Twice Rebukes Ex-Associate Suing Berg & Androphy During Contentious Testimony
The unusual admonition from the bench came on the third and final day of testimony in Justin Pfeiffer’s breach-of-contract suit against Berg & Androphy, his former employer.
Baker Botts, Murtha Cullina Score Defense Jury Win for Exxon Mobil
A Connecticut jury deliberated for more than four hours Wednesday before rejecting claims in a $40 million lawsuit brought by the wife of a former Exxon gas station owner that the Houston-based oil giant was responsible for the acute myelogenous leukemia that caused his death in 2018 at the age of 67. The defense legal team also included Exxon Mobil corporate counsel Ted Ray and Baker Botts partner Ty Buthod.
Yetter Coleman Nets $58.5 Million Settlement in Business Civil Rights Case
The settlement between a gravel mining company and Sacramento County, California, is one of the largest ever in a business civil rights case nationwide, the Houston-based firm said.
From the Courtroom to the Classroom to ADR: An Austin-Based Attorney’s Professional Journey
Now in my third “career” as a JAMS neutral, I’ve had a front row seat to the rise of alternative dispute resolution as a litigator and a professor at the University of Texas School of Law. The unknown of what the state business court will look like, an increasing reliance on artificial intelligence and a growing focus on ESG are a few reasons to be bullish on ADR.
‘I Wanted Him Gone,’ Berg & Androphy Co-Founder Testifies in Suit by Ex-Associate
David Berg says Justin Pfeiffer, who has sued for $32,000 in back pay, was “not trustworthy and an embarrassment” to Berg’s firm. Pfeiffer claims he wasn’t “fully relieved” of his duties at Berg & Androphy until November 2018, two months after he agreed to resign, when he filed a motion to withdraw as counsel in California in cases where he was a lawyer of record, and that motion was granted.
Gibson Dunn Scores Win for Uber in Patent Dispute
A federal judge in Delaware has voided three patents obtained by a Texas-based business technology management company involving its surge-pricing system for ride-sharing apps because the feature is less of a “technology problem” and more an issue of “human inefficiency that could be solved by automation.”
Houston Trial Begins Over Wage Claim by ‘Unhinged’ Former Berg & Androphy Lawyer
Plaintiff Justin Pfeiffer says he’s owed $32,000 plus legal fees stemming from his 2018 resignation from the Houston law firm. Berg & Androphy says Pfeiffer is a “vexatious litigant” who “harasses all whom he claims have wronged him.”
Litigation Roundup: Jerry Jones Defamation Case Update, ‘Water-Saving’ Toilet Claim Draws Suit
In this edition of Litigation Roundup, a Texas software company is among those named in a lawsuit alleging a conspiracy among landlords to artificially inflate rental prices, the Fifth Circuit issues a rare precedential opinion in a venue dispute that pries a case away from U.S. District Judge Alan Albright, and that appellate court also found a new U.S. Securities and Exchange Commission disclosure rule was “arbitrary and capricious.”
Litigation Boutique Burns Charest Nabs Longtime Assistant U.S. Attorney
Clay Mahaffey joined the Dallas-based firm after a 22-year run with the U.S. Department of Justice. He recently discussed his career, including a case that changed his perspective on attorney-client relationships, and why he made the move from DOJ with The Lawbook.
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