Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, a bench trial to determine whether the U.S. Trustee can clawback millions in fees awarded to Jackson Walker for work done on certain bankruptcy cases is officially canceled, personal injury lawyer Thomas J. Henry hires David J. Beck to defend his trademark and a longtime Dallas judge makes a big announcement.
Robert C. Hilliard has argued before the U.S. Supreme Court. He was on the forefront of litigation against General Motors over its faulty ignition switches. And he helped free a man from prison for a fatal car wreck that Hilliard proved was the result of an auto defect in a lawsuit against Toyota that netted an $11.4 million jury verdict. But a story of a serendipitous connection between an early client and one of his colleagues is the one he tells to convey how fulfilling his legal career has been.
Less than 48 hours after lawyers representing some of the thousands of women claiming that Johnson & Johnson talc powder caused their ovarian cancer asked a Houston judge for “a do-over” and to reconsider his ruling dismissing their efforts to reach a settlement agreement through the bankruptcy court, the judge issued his answer Thursday: No can do.
Lynn Pinker partner Mary Goodrich Nix told the AAA its arbitrator refused to grant her any accommodation or continuance when she was in the hospital with her fatally ill father. She also told the administrator of the arbitration between her client, Dickey’s, and a franchisee that arbitrator Gary Leydig referred to her in an email as “Ms. Dix” and said he “has never apologized or acknowledged this, despite having been confronted with how offensive it was.”
Jurors sat through a four-day trial in Harris County District Judge Michael Gomez’ court before siding with the plaintiffs and awarding them $5.9 million in damages. The case centered on the disputed transfer of 45 acres of property near Seabrook, Texas.
Some plaintiffs’ lawyers representing tens of thousands of women claiming that Johnson & Johnson talc powder caused their ovarian cancer have asked a Houston judge to give them a second chance. Attorneys representing different groups of women asked U.S. Bankruptcy Judge Christopher Lopez to reverse his March 31 decision to dismiss the Chapter 11 bankruptcy petition filed by Red River Talc, a subsidiary of J&J, but to allow the parties to either fix the flaws in the previous petition or to send the entire case to mediation. But an opposing group of lawyers who also represent more than 20,000 women, including 465 women in the Dallas area, told The Texas Lawbook Wednesday that this new effort to reopen the bankruptcy is just another attempt by J&J “to force unreasonably low settlements on women already suffering from life-threatening illness and financial hardship.”
VidStream Inc., the successor to a bankrupt tech company, said the social media behemoth formerly known as Twitter infringed two patents to streamline the transfer of user-generated videos to online platforms and TV.
Kimberly Priest Johnson, who formerly served as a U.S. magistrate judge in the Sherman Division of the Eastern District of Texas, has joined the Houston office of Shook, Hardy & Bacon as a partner in its complex litigation and strategic counseling practice group.
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