Free Speech, Due Process and Trial by Jury
Texas Attorney General Ken Paxton said Tuesday’s settlement is the largest ever obtained by an attorney general in a privacy case. This is the first lawsuit brought and settlement reached under Texas’ Capture or Use of Biometric Identifier, the AG added.
In this edition of Litigation Roundup, we detail a case where an intermediate appellate court seems dubious about a real estate developer’s claim that he missed a deadline to appeal because he suffered a stroke, Southwest Airlines is hit with a suit over an alleged in-flight sexual assault, and a woman accused of stealing more than $100 million from the government goes to prison.
Many people know that Texas’s new system of business courts opens in September. What they may not know is how, er, nuanced business court jurisdiction is. There are, however, two steps every company may take now to ensure they may invoke business court jurisdiction later. Of course, anyone wishing to avoid business court jurisdiction should simply apply Costanza’s razor and “do the opposite.”
Dallas commercial litigator Mark L. Johansen has moved to boutique law firm Egan Nelson, the firm announced this week. Johansen spoke with The Lawbook about his reasons for the move and a pending case he is considering removing to the new business courts.
There have been reports of some confusion regarding whether cases pending in Texas state courts on Aug. 31 that otherwise satisfy the jurisdictional requirements of the Texas business court can be removed to the business court after it opens its doors on Sept. 1. The answer is clear. Attempts to remove these cases should be rejected by the business court.
The clear intent of HB19’s authors was that pending cases in Texas state courts should not be pulled and sent to the business court Sept. 1. With the small number of judges initially serving the business court, the limited history, precedent and resources of the business court when it opens, and the potential for constitutional challenge, it was recognized that the business court would not have the resources to respond to a possible avalanche of hundreds if not thousands of pending cases.
In this edition of Litigation Roundup, a Whistleblower who sued Kellogg, Brown and Root sees his $1.1 million recovery wiped out on appeal, another class action lawsuit over a data breach is filed against AT&T and a Uri-related gas delivery fight against Pioneer Natural Resources is revived.
Jennette “Jenny” DePonte joined Brown Fox last week as a partner in the Dallas-based boutique law firm. She was previously a principal at national labor and employment law firm Jackson Lewis.
Doubling down on an argument that was central in its original petition to the court, The Boeing Company told the Texas Supreme Court in a motion for rehearing filed Wednesday that without intervention, Texas will remain “a national outlier on conflict preemption under the federal Railway Labor Act.” The aerospace company is hoping to bring an end to a lawsuit brought by the Southwest Airlines Pilots Association alleging Boeing’s false representations about the airworthiness of the 737 MAX aircraft cost it millions of dollars.
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