Free Speech, Due Process and Trial by Jury
Lawyers with Dallas-based Dean Omar Branham Shirley battled a Houston partner from King & Spalding in a Boston courtroom over the past month in the latest trial over whether Johnson & Johnson’s talcum powder caused the plaintiff's life-threatening mesothelioma. The Massachusetts jury apparently decided that both Texas lawyers doing battle in their courtroom made strong arguments.
This week, the first contested final judgment in a case before the Texas Business Court was entered. Proponents of the new court argued it would provide an avenue for parties to obtain quick decisions in complex business disputes and Monday’s final judgment, issued just shy of eight months after the case was filed in the business court, seems to support that.
Unfortunately, the steady decline of civil jury trials has shaped the litigation landscape in Texas and across the nation for decades. Although multiple factors contribute to this trend, the emergence of reliable artificial intelligence tools may offer a realistic path to reversing it. This article discusses research on AI in the courts, explains how generative and predictive systems could reinvigorate the Texas trial docket and proposes concrete steps for judges, law firms, corporate counsel and the Legislature to harness AI’s upside to increase jury trials and expand justice access.
E. Lawrence “Larry” Vincent joined the firm after nine years at Burns Charest. During his time there, he was the co-lead attorney in a successful representation of a group of Houston homeowners alleging government mismanagement of reservoirs lead to flooding of their properties during Hurricane Harvey.
In this edition of Litigation Roundup, an attorney who cited made-up cases to the Fifth Court of Appeals in Dallas gets sanctioned, American Airlines is sued by a former pilot who alleges he was shortchanged on disability benefits, and the Texas Supreme Court answers a certified question from the U.S. Court of Appeals for the Fifth Circuit in one of the final weeks of its term.
The nation’s largest and one of its oldest legal organizations has filed a federal lawsuit seeking a restraining order to prevent President Donald Trump and his cabinet members from implementing a policy of “intimidation and coercion” against law firms that has created a “chill of blizzard proportions [that] continues to grip most of the top law firms and lawyers in the country,” the complaint states. The American Bar Association accuses President Trump of using “the vast powers of the Executive Branch to coerce lawyers and law firms to abandon clients, causes, and policy positions the President does not like.” Susman Godfrey, including Houston partners Justin Nelson, Neal Manne and Harry Susman and Dallas partner Barry Barnett, are leading the litigation for the ABA.
Five victims of the Houston Watson Grinding 2020 fatal explosion saw some relief from a Harris County jury earlier this month. Their attorneys discussed the details of the case with The Texas Lawbook and the five-year journey it has taken to obtain the $37.9 million verdict. Another trial in the case is expected at the end of this month. (2020 file photo by Godofredo A. Vásquez/Houston Chronicle via The Associated Press)
The widow of an Arlington firefighter who died while celebrating his 10th wedding anniversary at the all-inclusive Royalton Chic resort in Cancun, Mexico, was awarded $31.27 million by a jury this week that found the hotel liable for negligence. Elijah Snow, 35, died in July 2021 and his widow, Jamie, filed suit in June 2022, naming as defendants RCM Hotel, its parent company Blue Diamond Hotels and Resorts and a travel agency that was later dropped from the suit.
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