Free Speech, Due Process and Trial by Jury
A jury that heard three days of testimony in a contentious lawsuit where attorney Justin Pfeiffer was seeking $32,000 in back wages from his former firm, Berg & Androphy, unanimously decided after about an hour of deliberations Monday that no employment contract agreement existed between the parties. The lawsuit pitted Pfeiffer, now a partner at Lewis Brisbois Bisgaard & Smith, against Houston trial lawyer David Berg.
Last week was business for lawyers and judges inside the courtroom and publicly. Texas voters by a nearly two-to-one margin rejected Proposition 13, which would have raised the mandatory retirement age for state judges from 75 to 79. In litigation, two energy companies sued Winston & Strawn for negligence and breach of fiduciary duty; The U.S. Supreme Court refused to halt an environmental trial set to start later this month in Louisiana against BP America, Shell Oil and Hilcorp Energy in which the plaintiffs seek $7 billion in damages; a Dallas jury awarded McKool Smith in $4.7 million in legal fees; and Akin scored a win for Elon Musk’s SpaceX in an immigration dispute.
The unusual admonition from the bench came on the third and final day of testimony in Justin Pfeiffer’s breach-of-contract suit against Berg & Androphy, his former employer.
A Connecticut jury deliberated for more than four hours Wednesday before rejecting claims in a $40 million lawsuit brought by the wife of a former Exxon gas station owner that the Houston-based oil giant was responsible for the acute myelogenous leukemia that caused his death in 2018 at the age of 67. The defense legal team also included Exxon Mobil corporate counsel Ted Ray and Baker Botts partner Ty Buthod.
The settlement between a gravel mining company and Sacramento County, California, is one of the largest ever in a business civil rights case nationwide, the Houston-based firm said.
Now in my third "career" as a JAMS neutral, I've had a front row seat to the rise of alternative dispute resolution as a litigator and a professor at the University of Texas School of Law. The unknown of what the state business court will look like, an increasing reliance on artificial intelligence and a growing focus on ESG are a few reasons to be bullish on ADR.
David Berg says Justin Pfeiffer, who has sued for $32,000 in back pay, was “not trustworthy and an embarrassment” to Berg’s firm. Pfeiffer claims he wasn’t “fully relieved” of his duties at Berg & Androphy until November 2018, two months after he agreed to resign, when he filed a motion to withdraw as counsel in California in cases where he was a lawyer of record, and that motion was granted.
A federal judge in Delaware has voided three patents obtained by a Texas-based business technology management company involving its surge-pricing system for ride-sharing apps because the feature is less of a “technology problem” and more an issue of “human inefficiency that could be solved by automation.”
© Copyright 2025 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.