Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, the U.S. Court of Appeals for the Fifth Circuit finds that a lawsuit challenging admissions practices at the University of Texas at Austin is not moot, a fake immigration lawyer faces prison time, and the Western District of Texas announces a high-profile indictment.
Even as state and local officials deflect or even criticize questions seeking answers about the lack of flash flood warning systems in Kerr County that caused the deaths of more than 120 people, including 36 children, last weekend along the Guadalupe River, eight legal experts tell The Texas Lawbook that now is the time to begin seeking and preserving evidence and investigating what happened and how it happened. The lawyers, who specialize in representing victims and defendants in these kinds of catastrophic events, said the families and survivors are not thinking about money — only answers.
The cousins who purchased Cicis’ debt each took the stand Wednesday in the jury trial in Dallas County, where compensatory damages of $10 million are being sought. The trial is expected to last through Monday.
Winning litigants — and their lawyers — could be leaving tens of thousands of dollars on the table by not filing for recoverable costs in addition to attorneys’ fees. Recoverable costs can include transcription or video deposition fees, as well as other expenses incurred before and during litigation. Seeking recoverable costs requires following specific procedures, which, in Texas federal courts, are not immediately obvious. However, being able to hand a client not just a victory and attorney’s fees but also additional unexpected money makes filing worth the effort.
The cousins are battling over millions in damages from a business partnership to invest in restaurants. The disagreement over management fees and the purchasing of other restaurants led the family to court. Opening statements Tuesday focused on the business agreement between the cousins.
In this edition of Litigation Roundup, the Northern District of Texas sees a busy week prosecuting those who allegedly file false tax returns, a trade dress fight between competing carnicerias with ties to Texas moves forward in California, and the city of Dallas secures a favorable ruling at the Fifth Circuit in its fight to regulate short-term lenders like TitleMax.
When the relationship between Dr Pepper and Reyes — which dated back to the inking of an October 2017 exclusive licensing agreement — hit a snag, Dr Pepper filed a declaratory judgment action in Texas in April 2024, seeking a ruling it had a right to cancel the distribution deal, and two days later Reyes filed suit in California arguing Dr Pepper had breached the agreement.
In a few months, cases filed prior to Sept. 1, or before the business courts opened, can be transferred to the courts. Additionally, cases with $5 million in controversy can be filed in the business courts. Filings are expected to increase due to these changes.
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