Litigation Roundup: SCOTX Changes Mind, Grants Review in Boeing, SWAPA Suit

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.

January 14, 2025 Michelle Casady

Jury Hands Landry’s Loss in TM Spat with Whiskey Distiller

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. 

January 13, 2025 Michelle Casady

Social Media Influencer’s Texas Lawsuit Against Rival Could Pave the Way for Future Copyright Cases

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.

January 10, 2025 Krista Torralva

Panel’s Dismissal of Texas’ Suit Against Google Sets Stage for SCOTX Review

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.

January 10, 2025 Michelle Casady

Dallas Judge Finds Khoury, Shamoun’s ‘Improper and Incurable Jury Argument’ Mandates New Trial

Earlier this week, Dallas County District Judge Gena Slaughter issued a four-page order finding that the arguments made by defense lawyers Stephen A. Khoury and C. Gregory Shamoun in front of a Dallas County jury deciding a fraudulent transfer case were “improper and incurable.” But Khoury and Shamoun told The Texas Lawbook this week they are “shocked” by the finding and argue Judge Slaughter’s order is “inaccurate and incorrect.”

January 9, 2025 Michelle Casady

Johnson & Johnson Cleared of Causation in Mesothelioma Trial, But Jury Still Attempts to Award $22M in Punitive Damages

A Pittsburgh jury returned a confusing verdict Monday in a mesothelioma trial involving Texas lawyers on both sides. Jurors handed a defense verdict to the pharmaceutical giant but went on to answer questions about punitive damages that they shouldn’t have. J&J is nevertheless claiming the verdict as vindication.

January 9, 2025 Krista Torralva

Landry’s Trademark Trial Kicks Off in Houston 

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.

January 8, 2025 Michelle Casady

Greystar Accused of Fraud, Breach in Suit Over Management of Dog-Centric Apartment Concept in Grapevine

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.

January 8, 2025 Michelle Casady