The Texas Lawbook

Free Speech, Due Process and Trial by Jury

Commercial Litigation

Judge Signals Final Ruling in Favor of Conservative Group in Southwest Airlines Student Travel Program Suit

A federal judge in Dallas alerted lawyers in an opinion and order Wednesday of his intention to enter final judgment in favor of Edward Blum’s American Alliance for Equal Rights, awarding them one cent in nominal damages and legal fees in a lawsuit against Southwest Airlines. The case challenged a now-shuttered program that provided free flights to low-income Hispanic students, which the group claimed was discriminatory. The judge opined that Southwest’s “unconditional surrender” justified ending the case without ruling on the merits.

Krista Torralva

Anti-DEI Group Accuses Southwest Airlines of Trying to Dodge Liability in Federal Lawsuit

Southwest Airlines is seeking a court judgment that would allow it to pay nominal damages and attorneys’ fees without an admission of liability in a federal civil rights lawsuit over a now-defunct program that offered free flights to low-income Hispanic students. Prominent conservative Edward Blum’s American Alliance for Equal Rights, which sued the airline on behalf of white and Asian students, argued in a court filing Tuesday that Southwest’s request is improper and aimed at avoiding legal accountability. The group urged the judge to reject Southwest’s bid and instead grant its own motion for summary judgment to resolve the case on its merits.

Krista Torralva

Litigation Roundup: SCOTX Decides Barratry Case 

In this edition of Litigation Roundup, a Dallas law firm gets another favorable verdict in a mesothelioma trial against Johnson & Johnson, a federal judge in McAllen hands out prison sentences for participants in a $110 million kickback scheme, and the Texas Supreme Court clarifies the limitations of a state law that prohibits the unlawful solicitation of legal clients.

Michelle Casady

Texas Reaches $1.375B Settlement with Google in Data Privacy Suits

A little more than a week after Google and Texas told the state’s supreme court they were in settlement negotiations that could end litigation in a consumer protection lawsuit, Texas on Friday afternoon announced a $1.375 billion settlement with the tech giant. Attorney General Ken Paxton issued a statement calling the settlement of the state Deceptive Trade Practices Act claims “a major win for Texans’ privacy” and said it “tells companies that they will pay for abusing our trust.”

Michelle Casady

Appeals Court Upholds Part of Verdict for Fired Southwest Flight Attendant, Tosses Religious Training Order

Southwest Airlines won partial relief from a jury verdict in a case involving the firing of a flight attendant over antiabortion messages she sent to her union president. The U.S. Court of Appeals for the Fifth Circuit ruled Thursday that while the airline violated Charlene Carter’s right to religious expression, it did not break federal laws banning religious discrimination in the workplace. The court also struck down U.S. District Court Judge Brantley Starr’s order requiring three of the airline’s attorneys to attend religious liberty training with a Christian legal group.

Krista Torralva & Mark Curriden

Susman Godfrey: President Trump Executive Order is ‘Unconstitutional — Full Stop’

A lawyer for the U.S. Justice Department told a federal judge Thursday that President Donald Trump was legally exercising his executive authority by prohibiting lawyers with the Houston-based law firm Susman Godfrey from entering federal buildings or representing clients who had contracts with the federal government and suspending their security clearances. U.S. District Judge Loren AliKhan of Washington, D.C., repeatedly asked U.S. Deputy Associate Attorney General Richard Lawson to provide evidence supporting the president’s April 9 executive order condemning Susman Godfrey for racial discrimination in their hiring practices and for “spearheading efforts to weaponize the American legal system and degrading the quality of American elections.”

Mark Curriden

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