Free Speech, Due Process and Trial by Jury
The hotly contested legislation establishing a new business court and intermediate court of appeals to handle complex commercial cases goes into effect Sept. 1 as litigators wait for judicial appointments and procedural rules. Many expect challenges to the business court’s system of appointed judges and the Fifteenth Court of Appeals’ statewide jurisdiction. Janet Elliott outlines the issues.
Closing arguments are one of the most anticipated parts of any jury trial. Consequently, it’s important for the advocate to choose his or her words carefully for maximum impact. We’ve found that jurors throughout the country are very responsive to an approach that emphasizes the inability of one side to prove its case. Finding a way to couch the argument with broad appeal is all the more persuasive.
In this edition of Litigation Roundup, Texas wins an appeal to vacate the license of a company wanting to store spent nuclear fuel in the Permian Basin, a team of Haynes Boone attorneys in Dallas defended a $6.6 million award for Pizza Hut in a fight with a former franchisee, and a former general counsel and staff attorney for Louisiana State University Health Sciences Center in New Orleans get a second chance to bring a pay discrimination suit.
In an ongoing case involving numerous lawsuits and counterclaims, a jury in the court of U.S. District Judge Alan D. Albright finds that Halliburton did not prove its patents for electronic fracking of oil and gas wells were infringed upon.
In this edition of Litigation Roundup, Southwest Airlines’ attorneys get a temporary stay of an order that they undergo religious liberty training, the Texas Supreme Court declines to grant Harris County emergency relief in its lawsuit over a new law that abolishes the county’s office of election administration, and the full Fifth Circuit revived a lawsuit brought by female Dallas County jailers alleging sex discrimination.
Lawyers for both sides told U.S. District Judge Karen Gren Scholer they’d like to resolve a lawsuit accusing the two sports-talk hosts of violating a noncompete agreement by launching a sports podcast after leaving the radio station. “I am very confident you’ll work out a deal,” the judge said after conferring in chambers with the parties and counsel.
A jury of 12 sat through six days of trial and deliberated for about eight hours before determining the Baehr family was entitled to $3.1 million in damages. The toxic mold that infested their Austin home also sickened the family of six and prompted Kristina Baehr to launch her own firm to help others in the same situation.
Is Michael Clayton a lawyer movie? It’s a fair question, given that the main character isn’t really a lawyer. He operates in the dark corners of the legal profession, trying not to get too dirty, until he reaches a point where he can no longer look at himself in the mirror. Played by George Clooney, Michael Clayton isn’t the kind of movie to supply an unequivocal happy ending. Having settled accounts, Michael climbs into the back of a New York City cab, hands the driver some money and tells him to drive — anywhere. The credits roll over Clooney’s pensive face.
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