The Texas Lawbook

Free Speech, Due Process and Trial by Jury

Commercial Litigation

Toyota Lawyer-Turned-Whistleblower Central to Discovery Battle in Texas Case

A fierce and dramatic discovery battle with national litigation implications heads back to a Dallas civil courtroom this week. The case pits Frank Branson, one of the toughest trial lawyers to practice in Texas, against Toyota Motor Corp., the world’s largest automaker in a wrongful lawsuit.

The facts of the underlying dispute have taken a backseat to claims that Toyota is purposely concealing documents that are relevant to the case and refusing to allow its executives to testify about its safety databases. Branson’s team is asking a Dallas judge to unseal documents, leaked by Toyota in-house lawyer-turned-whistleblower, demonstrating the automaker’s previous patterns of concealing crucial evidence in other cases.

Patent Board Allows McKool Client Challenge of Immunex

The U.S. Patent Trial and Appeal Board refused to deny a challenge by a French pharmaceutical to a patent held by Seattle-based Immunex. The ruling sets the stage for a full-scale challenge to a patent on drug treatment for allergies, rhinitis and other immune system problems. Natalie Posgate has the details in The Texas Lawbook.

UDF Investigation Heads for Conclusion As Bass ‘SLAPPs’ Back

Far from crumbling in the face of a lawsuit that accuses him of pushing fake news for profit, Kyle Bass is doubling down on his accusers, United Development Funding. In a recent filing, Bass declares that he and his company, Hayman Capital Management, had a responsibility to turn in UDF to the SEC and the FBI. That Hayman made $60 million in the process is hardly the point, Bass says. And in the coming weeks, the SEC and the FBI may have a lot to say about it. Natalie Posgate has the story in The Texas Lawbook.

Dems: GOP Suit Like ‘Ice on a Sidewalk in Dallas in August’

The Dallas County Democratic party has retained Randy Johnston and Chad Baruch of Johnston Tobey Baruch to defend it in the lawsuit the GOP filed against it seeking the removal of 128 Democratic candidates off the March 6 primary ballot. Johnston has a few things to say about it. Details here.

BARBRI Settles Litigation with Blind Law Students

Lawyers for a group of blind law students said Wednesday that they have settled their claims against Dallas-based bar examination preparation course giant BARBRI. The students alleged in a lawsuit filed two years ago that BARBRI failed to address issues that prevented them from adequately preparing for the bar exam despite spending thousands of dollars on the course.

Judge David Counts: Meet the Western District’s Newest Article III Jurist

U.S. Magistrate Judge David Counts in Midland heard two felony pleas agreements Thursday morning and recommended to the U.S. District judge that they be accepted. After lunch, Judge Counts accepted the pleas of a handful of criminal felony defendants. Between the two court appearances, he was sworn in as the new U.S. District judge for the Western District of Texas. The Texas Lawbook has an exclusive interview with Judge Counts.

Dallas Lawyers Think Better of Their Judges than Houston Lawyers (Then Again, Maybe…Or Not)

The Houston Bar Association recently released its biennial survey of lawyer ratings for judges. Dallas released a similar survey last May. Taken at face value, Dallas lawyers are a lot more comfortable with their local judges than Houston lawyers. The problem is you can’t take it at face value. And if you look closely, the results may be reversed. Natalie Posgate explains in The Texas Lawbook.

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