Free Speech, Due Process and Trial by Jury
In this guest article, Winston & Strawn’s Tom Melsheimer applauds the jurors who decided the New York State court trial of Donald Trump. “Trial lawyers can discuss and debate the result and argue about the tactics of both sides. That’s fair game,” he writes. “But anything but praise for the citizens who were effectively drafted into a fractious and controversial case? That’s just fake news.”
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.
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.
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.
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.
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.
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.
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.
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