Free Speech, Due Process and Trial by Jury
Ben Love returns to Texas after working out of Boies Schiller Flexner’s New York and Washington D.C. offices. Former Texas-based lawyer Edward Duffy joins Baker Botts from the U.S. Department of Justice.
Energy Transfer, represented by Lynn Pinker Hurst & Schwegmann, filed a lawsuit in April 2022 against Culberson Midstream Equity and Moontower Resources Gathering alleging a breach of their 2018 contract because the gas gatherers didn’t deliver committed gas. Culberson and Moontower, represented by Reese Marketos, filed a counterclaim also alleging a breach of contract.
Bernard Tubeileh, a German national, claims he was wrongly terminated by the Plano-based U.S. subsidiaries of a German oil and gas company he helped start. The companies say he resigned when his years of self-dealing, unlawful transactions and misappropriation of company funds came to light.
In a 34-page order, Judge Scholer found that the NFL and its retirement fund must pay Michael Cloud’s lawyers at Barlow Garsek & Simon in Fort Worth $1,232,058.75 for their pretrial and trial work, $550,000 for their appellate work and $30,074.72 in costs.
In this edition of Litigation Roundup, Boeing gets a second chance to bring an end to a Southwest Airlines Pilots Association’s lawsuit, American Airlines is dealt a blow in a lawsuit over its 401(k) plan investing, and Attorney General Ken Paxton — in the wake of an appellate panel tossing his Texas Deceptive Trade Practices Act suit against Google — has filed new lawsuits accusing TikTok of violating the same law and Allstate Insurance of using technology to unlawfully collect driving data to justify premium increases.
Opening statements were delivered to jurors Wednesday afternoon in the lawsuit Landry’s filed against Lowell Zachary Landry and his company, Landry Distilling, in March 2023. Landry was one of just four witnesses called to testify during the trial that ended with a verdict in his favor around 1 p.m. Monday.
A lawsuit filed by Sydney Nicole Gifford, a former Austin resident who promotes Amazon products, against fellow Austin-area influencer Alyssa Sheil survived a motion to dismiss last month. Lawyers who spoke with The Texas Lawbook said widespread attention on the case is likely to incite other influencers to contact lawyers and explore legal avenues, including litigation, to safeguard their brand aesthetics, even though those same legal observers expressed skepticism about the case’s viability moving forward.
In an 18-page ruling issued Thursday, Chief Justice Jaime Tijerina and Justices Clarissa Silva and Lionel Aron Peña Jr. held that the lawsuit — alleging Google violated state law when it made certain representations about how user location information and browsing history data is collected — cannot proceed in Texas courts.
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