The latest trial accusing the cosmetic giant J&J of manufacturing products that caused consumer’s cancer got underway in Dallas on Wednesday. A Texas man says his mesothelioma was caused by the talc mineral used in the company’s baby powder.
Dallas Law Firm Obtains $260M Verdict Against J&J in Latest Baby Powder Trial
Dean Omar Branham Shirley represented an Oregon mother of three who said her mesothelioma diagnosis came after years of using J&J’s baby powder. The company is facing lawsuits across the country from plaintiffs who claim J&J knew cancer-causing asbestos was turning up in its baby powder for decades but didn’t warn consumers or the FDA.
Litigation Roundup: Details on 2 SCOTX Grants, XTO Sees 7-year-old Case End
In this edition of Litigation Roundup, Citgo draws another suit — this one seeking $400 million — from members of the so-called Citgo 6 who were imprisoned in Venezuela for years, XTO gets a win in a lawsuit over exposure to natural gas production activities that had been lingering in the courts for seven years and we detail some interesting grants from the Texas Supreme Court.
Democrats, Republicans Lock Arms to Extend Polling Hours After Election Day Storms Rocked Dallas
Thanks to joint efforts by the Dallas County Democratic and Republican parties, voting hours were extended after severe weather that knocked out more than 100 polling locations. Lawyer Robert Tobey, representing the Democrats, and GOP chair Jennifer Stoddard-Hajdu, a lawyer herself, worked together and later consolidated cases with the sheriff who hired Carter Arnett to also extend voting hours. The parties got an assist from the Dallas County district attorney’s office, which represented the Elections Department.
Be Careful Where You Seek Pre-Suit Discovery: Appellate Divide on TCPA Deepens
In Amarillo, Austin, and just recently Fort Worth, the party resisting pre-suit discovery under Rule 202 can (in the right circumstances) file a motion to dismiss under the Texas Citizens Participation Act (TCPA), requiring the petitioner to meet the TCPA’s evidentiary hurdles or risk paying the other side’s fees and getting sanctioned, all while potentially engaging in a protracted process that spoils the entire purpose of Rule 202 petitions. But both Houston Courts of Appeals have rejected the applicability of the TCPA to pre-suit discovery. Until the Texas Supreme Court resolves the split, where a pre-suit petition for discovery is filed can have a dramatic impact on the outcome.
ExxonMobil Wants $725M Award Wiped Out or Knocked Down to $250K
Lawyers from Dallas-based Waters Kraus Paul & Siegel earlier this month convinced the jury in a 10-2 decision that their client, Paul Gill, was entitled to damages from ExxonMobil for its failure to warn consumers about the risk of exposure to benzene that is in its petroleum products, including gasoline. Gill, who worked as a Mobil service station mechanic between 1975 and 1980, was diagnosed in 2019 with acute myeloid leukemia and testified about using gasoline to clean car parts.
Litigation Roundup: Anti-ESG Class Action Certified Against AA; Samsung Defeats Patent Suit in EDTX
In this edition of Litigation Roundup, Samsung beats back a patent suit seeking half a billion dollars in damages after arguing the plaintiff had unclean hands, a jury in Marshall renders a $445 million infringement verdict and we detail what led American Airlines to replace Wilson Elser as its outside counsel in a lawsuit involving a bathroom recording of a 9-year-old girl.
Judge Starr Cites Fifth Circuit’s ‘Hopelessly Amorphous’ Multiplier Test, Denies 1.9 Multiplier in $33M Fluor Class Action
Invoking The Simpsons, U.S. District Judge Brantley Starr on Thursday issued an opinion denying a request from plaintiffs’ lawyers who represented Fluor Corporation shareholders in a securities class action to tack a 1.9 multiplier on their fee award in the lawsuit that resulted in a $33 million settlement.
Ex-SDTX Bankruptcy Judge, Liz Freeman and Jackson Walker Seek Dismissals in Two Separate Fraud Cases
Within hours of each other late Wednesday, three key players in the romantic relationship scandal that has infected the Southern District of Texas Bankruptcy Court filed motions in two separate cases seeking to have the cases against them dismissed — and all three for different reasons.
Litigation Roundup: Jury Argument, Venue Doom $222M Wrongful Death Award
In this edition of Litigation Roundup, an improper jury argument wipes out a $222 million award on appeal, a Dallas firm notches a $15 million verdict in a Connecticut mesothelioma case and the Texas Supreme Court declines to revive a lawsuit a couple dozen cities brought against streaming giants Disney+, Hulu and Netflix.
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