Texas Business Court Countdown: Time to Update Your Forum Selection Clause?

Many litigants feel that Sept. 1 can’t come fast enough, and with it the promise to usher in a new era for high-stakes Texas commercial litigation. But others are quick to caution that, for all the anticipation, plenty of open questions remain. One way or another, every lawyer advising on a new contract that potentially qualifies for dispute resolution in the business court may confront the same question: Should we push for a forum selection clause that preemptively agrees to have new disputes heard in the new court?

June 24, 2024 Ben Barnes & Nick Brown

Litigation Roundup: Trafigura Pays $55M, Settles Trading Fraud Claims; New Rules at the Fifth Circuit

In this edition of Litigation Roundup, we detail two new changes in rules governing attorneys who practice before the U.S. Court of Appeals for the Fifth Circuit, a jury in Harris County issues a $17 million verdict in a seven-year-old lawsuit and Whataburger goes to court to defend its trademark.

June 17, 2024 Michelle Casady

‘Relentless,’ How Reese Marketos Secured $150M False Claims Verdict Against Janssen 

A federal jury in New Jersey found in favor of former sales representatives turned whistleblowers who claimed Janssen Products promoted HIV drugs off-label. All told, the verdict could result in Janssen facing more than $1 billion, one of the largest False Claims Act verdicts, partner Pete Marketos said.

June 17, 2024 Krista Torralva

Dallas Boutique Reese Marketos Obtains $150M Verdict Against Janssen Products Over HIV Drugs

A federal jury in New Jersey found Janssen Products violated the federal False Claims Act by unlawfully promoting Prezista or Intelence. But the jury found Janssen did not violate the Anti-Kickback Statute.

June 14, 2024 Krista Torralva & Mark Curriden

Jury Sides with Developer in Trial Over Collin Creek Mall Property

C. Gregory Shamoun of Shamoun & Norman, who represented 13MC in the trial, told The Texas Lawbook in a recent interview that from the beginning, he tried to “keep it simple” for the jury that was given what he said was “one of the most complex” charges he’s seen in 35 years of practicing law. It took the 12-person jury that heard a week of testimony about three hours on Monday to determine Megatel waived its right of first refusal to purchase the property from 13MC via a breach of contract.

June 13, 2024 Michelle Casady

Texas Law Firm Obtains Full Defense Verdict for Michaels Stores in Paint-By-Numbers Dispute

A federal jury in Dallas decided Michaels Stores did not infringe on a small business’ paint-by-numbers art kit or engage in unfair competition. Dallas lawyers with Munsch Hardt Kopf & Harr took the case less than three months before the trial began.

June 12, 2024 Krista Torralva

Johnson & Johnson Reaches Settlement in Dallas Baby Powder Trial

A settlement has been reached in the state’s first trial alleging Johnson & Johnson’s baby powder contained cancer-causing asbestos. Also on Tuesday, 43 states including Texas, reached a $700 million settlement with J&J, ending claims that the company was deceptively marketing its talc powder products as safe.

June 11, 2024 Krista Torralva

Litigation Roundup: Religious Liberty Training for SWA Attorneys Paused, Energy CEO Gets Prison

In this edition of Litigation Roundup, U.S. District Judge Ada Brown gets her first crack at handling multidistrict litigation after 12 putative class action lawsuits over the AT&T data breach are transferred to her, the former president of a Texas energy company goes to prison and a trio of attorneys representing Southwest Airlines gets a stay on an order that they undergo religious liberty training.

June 10, 2024 Michelle Casady