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Commercial Litigation

Jury Slams Natera with $292.5M Verdict in False Advertising, Unfair Competition Trial over Colorectal Cancer Test

Guardant Health and Natera had lodged false advertising claims against each other, with Guardant filing suit first in May 2021 and Natera following with counterclaims in June 2021. The jury, which was seated Nov. 4 and heard 10 days of testimony before returning a verdict Monday, awarded Guardant $75 million in damages for corrective advertising, about $41.5 million for disgorgement of Natera’s profits and $175.5 million in punitive damages. 

North Texas Tollway Authority Nets $280M Verdict Against President George Bush Turnpike Constructors

A Dallas County jury found Prairie Link Constructors, a joint venture of construction companies Fluor Enterprises and Balfour Beatty Infrastructure, breached its contract with the North Texas Tollway Authority to build six and a half miles of roads, bridges and retaining walls on the President George Bush Turnpike. A majority of the walls were found to be defective, the NTTA alleged.

Marshall Jury Hits Samsung with $118M Verdict 

A federal jury in Marshall found Samsung willfully infringed three patents owned by semiconductor manufacturer Netlist regarding computer memory modules. The verdict is the latest in a string of wins for Netlist against Samsung.

New Trial Order Predicated on Juror Misconduct Allegations Undone in Nissan Products Liability Case 

A jury had sided with Nissan in March, issuing a take-nothing verdict in the lawsuit brought by Deana A. Rios following the April 2022 death of her husband. In a 46-page opinion issued Thursday and authored by Chief Justice Terry Adams, the panel held Harris County District Judge Fredericka Phillips had abused her discretion by granting Rios a new trial, in part by relying on inadmissible testimony from some of the jurors about deliberations in the case. 

Judge Isgur Tosses Insurers’ $1.3B Claims Against Zachry, Chiyoda

According to audio of the hearing available on the docket, Judge Isgur told counsel for the insurers about four minutes before he issued an oral ruling from the bench dismissing the subrogation that he wasn’t inclined to adopt his arguments. “I’m not even following a little bit of your argument, just so you know,” he said. “It seems obvious that you’re wrong.”

Litigation Roundup: SCOTX Will Hear Anadarko Lease Dispute

In this edition of Litigation Roundup, Kroger strikes an $83 million deal to bring an end to opioid epidemic claims in Texas, the state is given a deadline to reply to a rehearing request in the longrunning litigation over the safety of the foster care system and a fried chicken trademark spat lands in the Eastern District of Texas.

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