The Texas Lawbook

Free Speech, Due Process and Trial by Jury

Commercial Litigation

Jury Slams Natera with $292.5M Verdict in False Advertising, Unfair Competition Trial over Colorectal Cancer Test

Guardant Health and Natera had lodged false advertising claims against each other, with Guardant filing suit first in May 2021 and Natera following with counterclaims in June 2021. The jury, which was seated Nov. 4 and heard 10 days of testimony before returning a verdict Monday, awarded Guardant $75 million in damages for corrective advertising, about $41.5 million for disgorgement of Natera’s profits and $175.5 million in punitive damages. 

Michelle Casady

North Texas Tollway Authority Nets $280M Verdict Against President George Bush Turnpike Constructors

A Dallas County jury found Prairie Link Constructors, a joint venture of construction companies Fluor Enterprises and Balfour Beatty Infrastructure, breached its contract with the North Texas Tollway Authority to build six and a half miles of roads, bridges and retaining walls on the President George Bush Turnpike. A majority of the walls were found to be defective, the NTTA alleged.

Krista Torralva

New Trial Order Predicated on Juror Misconduct Allegations Undone in Nissan Products Liability Case 

A jury had sided with Nissan in March, issuing a take-nothing verdict in the lawsuit brought by Deana A. Rios following the April 2022 death of her husband. In a 46-page opinion issued Thursday and authored by Chief Justice Terry Adams, the panel held Harris County District Judge Fredericka Phillips had abused her discretion by granting Rios a new trial, in part by relying on inadmissible testimony from some of the jurors about deliberations in the case. 

Michelle Casady

Judge Isgur Tosses Insurers’ $1.3B Claims Against Zachry, Chiyoda

According to audio of the hearing available on the docket, Judge Isgur told counsel for the insurers about four minutes before he issued an oral ruling from the bench dismissing the subrogation that he wasn’t inclined to adopt his arguments. “I’m not even following a little bit of your argument, just so you know,” he said. “It seems obvious that you’re wrong.”

Michelle Casady

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