Free Speech, Due Process and Trial by Jury
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.
In this edition of Litigation Roundup, the Texas Supreme Court determined SpaceX will not have to face a new trial in an auto crash case and the U.S. Supreme Court upholds a Texas law requiring visitors to pornographic websites verify their age.
A federal judge has declared that President Donald Trump’s executive order targeting Susman Godfrey is an illegal act of retaliation and violates the First Amendment of the U.S. Constitution. The judge also permanently enjoined all federal officials from enforcing the order against the Texas-based law firm. U.S. District Judge Loren AliKhan of Washington, D.C., in a 53-page opinion issued Friday, states that President Trump’s order issued in April “threatens the independence of the bar — a necessity for the rule of law.”
A case that began 11 years ago with a fatal crash on an icy stretch of highway near Odessa was ended Friday by the Texas Supreme Court when the justices issued an opinion wiping out a more than $100 million verdict against trucking company Werner Enterprises and its driver.
The Texas Supreme Court ruled Friday that the Winter Storm Uri lawsuits brought by thousands of individuals and small businesses against electric transmission and distribution utilities in Texas are legally flawed, but the justices allowed lawyers for the plaintiffs to amend their lawsuits to fix the legal issues and even provided a roadmap for their possible success. In a unanimous decision, the state’s highest court dismissed allegations of intentional nuisance and gross negligence against Oncor, CenterPoint and American Electric Power, but the decision to allow the plaintiffs to replead their gross negligence claims is viewed by attorneys for the plaintiffs as a significant victory because it keeps their lawsuits alive and moving forward. (File photo by Ron Jenkins/Getty Images)
U.S. District Judge Ada Brown has set a schedule that would see the preliminary settlement finalized in December. The company has agreed to pay two classes a total of $177 million.
In this edition of Litigation Roundup, the Federal Trade Commission sees a $37.5 million judgment in its favor trimmed down to $12.2 million by the U.S. Court of Appeals for the Fifth Circuit, and the Second Court of Appeals in Fort Worth sides with a landowner in a condemnation dispute involving golf course operations.
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