Free Speech, Due Process and Trial by Jury
BP Energy Company has filed a lawsuit in the Texas business courts accusing Dallas oilman Brad Cox of breaching a $270 million guaranty agreement related to a loan given to MLCJR LLC, a business owned by Cox.
It is one of less than a dozen cases filed in the business courts since they opened Sept. 1 and is by far seeking more damages than any of the other cases filed in those courts.
In this edition of Litigation Roundup, Texas touts what could be a first-of-its-kind settlement with an artificial intelligence company accused of misleading customers about the reliability of the product, The Wall Street Journal secures a ruling upholding the strength of its subscription agreements, and the full Fifth Circuit agrees to rehear a case involving a Houston personal injury law firm and a former associate.
Derrick Carson, who previously chaired Locke Lord’s energy litigation practice and construction law practice groups, has represented clients in complex energy and construction disputes for more than 25 years. Pillsbury announced Monday that Carson joined the firm as a partner in its Houston office.
Johnson & Johnson, hoping the third time's a charm for solving its multibillion-dollar talc baby powder litigation fiasco, filed for Chapter 11 bankruptcy Friday for its Red River Talc subsidiary in Houston. The case featuring the highly controversial Texas Two-Step procedure has been assigned to Southern District of Texas Bankruptcy Judge Christopher Lopez. Two Texas lawyers expected to play key roles for the debtors in the case are Jones Day partner Gregory Gordon of Dallas and Porter Hedges partner John Higgins of Houston.
The Fifteenth Court of Appeals, which opened and began accepting cases Sept. 1, will be tasked with determining whether Dallas County District Judge Emily Tobolowsky got it right when she rejected Texas’ request to halt a ban on guns at the State Fair. Texas has argued it pursued litigation to protect citizens’ gun rights. The defendants argue this case is actually about property rights.
A main point of contention in the briefing is whether the dispute centers on a bank loan — which would deprive the Fifteenth Court of Appeals of exclusive jurisdiction over the case under Texas Government Code section 25A.001(14) — or if it centers instead on a guaranty agreement. In the underlying case, parties on both sides of the dispute claim to have been the victims of a Ponzi scheme.
The state judge in Oregon did not immediately offer a reason for overturning a jury’s verdict in the trial for a woman who accused J&J’s talc-based baby powder of causing her mesothelioma. J&J’s worldwide vice president of litigation blasted Dean Omar Branham Shirley lawyers for “prejudicial conduct” that led to an “indefensible” verdict.
The Lanier Law Firm represented a mesothelioma patient who lawyers said is the first person to claim that the medical procedure talc pleurodesis led to his deadly cancer. Cimbar Performance Minerals failed to warn its buyers of the risk of asbestos in its products, which was contained in a product used in the plaintiff’s medical procedure, lawyers said.
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