Free Speech, Due Process and Trial by Jury
Opening statements were made Wednesday afternoon in the case that pits billionaire Tilman Fertitta’s Landry’s against Landry Distilling, a company that launched in Austin in 2021 and sells bourbon and rye whiskey featuring quarter horses on the bottle.
The 119-page lawsuit brings claims for breach of contract, professional negligence, fraud, fraudulent inducement, fraud by nondisclosure, fraud by concealment, negligent misrepresentation, breach of fiduciary duty, defamation, business disparagement, and seeks indemnification.
In this edition of Litigation Roundup, we preview a trademark infringement lawsuit brought by Landry’s that’s slated for trial this week, another trial in the 26-year dispute between David Clapper and American Realty Investors is averted, and the Fifth Circuit sends a malpractice lawsuit against Beck Redden to state court.
The Dallas office of Fisher Phillips continues to grow with the hiring of Amanda Brown as partner from Reed Smith and Lauren McDonald from Tenet Healthcare. The labor and employment law firm’s Dallas office tripled in size in 2024.
Juries in the Eastern District of Texas handed out the largest and second-largest awards of the year and five of the Top 10. But no jury in the state cracked the $1 billion damages award threshold in a single case in 2024.
In this edition of Litigation Roundup, Match Group draws a shareholder class action lawsuit in California, Medicaid fraud whistleblowers get a piece of a $212.3 million settlement, and a Harris County District Court judge sees a public reprimand against her vacated by a court of special review.
While the court’s original order lifting the injunction, issued Monday, was signed by the three judges who issued it — Judges Carl E. Stewart, Catharina Haynes and Stephen A. Higginson — the subsequent order putting the nationwide injunction back in place, issued Thursday, was not signed, but entered instead by the clerk of the court at the direction of the court.
In this edition of Litigation Roundup, the Fifth Circuit explains the limitations of Section 230 of the Communications Decency Act in allowing a lawsuit against Salesforce to proceed, the Houston city council greenlights a settlement in a revenge porn case involving members of the fire department and a multimillion-dollar jury award in a case involving a contract to construct a natural gas plant is slashed.
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