Free Speech, Due Process and Trial by Jury
In an “exceedingly rare” move, as a dissenting justice noted, the case was not first decided by a three-justice panel before the en banc court considered it. The court’s May 18 divided decision generated two dissents and likely set the stage for an appeal to the Texas Supreme Court.
In this edition of Litigation Roundup, Kinder Morgan gets a win at the Texas Supreme Court in a tax fight with a school district, a jury sides with the widow of a NASA astronaut in a probate dispute involving space artifacts, and a Houston company is accused of monopolizing an ERCOT savings program.
Former Texas Chief Justice Wallace Jefferson has written the Texas Legislature asking them to defeat a bill that would erode free speech rights in Texas and cause Texas citizens to unnecessarily spend large amounts of money to protect their First Amendment rights.
After hitting BMW North America and Hedrick Kring Bailey with $773K in sanctions for ‘frivolous and groundless’ efforts to delay discovery in a woman’s suit over the sale of a defective used BMW, Judge Eric V. Moyé informed the automaker the case will go to trial June 6.
The National Right to Life Committee and the ACLU do not see eye-to-eye on much, but they agree that legislation being pushed by certain Texas Republicans will significantly weaken free speech rights in this state. SB 896, which has passed the Texas Senate, severely erodes strong free speech and free press rights under the 2011 Texas Citizens Participation Act, which is a law that allows judges to quickly dismiss frivolous libel and defamation lawsuits against individuals, families and news organizations.
Legendary Dallas trial lawyer Mike McKool announced Thursday that he has left the 130-lawyer firm that he co-founded 32 years ago in order to take on an assignment that he sees as the final big case of his career.
McKool, who has tried more than 100 cases to juries resulting in verdicts exceeding $1 billion, told The Texas Lawbook that he has shed many tears today because he is leaving McKool Smith to take on a case for a client that presents a conflict with other clients at the law firm that bears his name.
Opposing counsel already are plotting challenges and appeals in at least two of the cases, and Tom Melsheimer — a former law partner of Tillotson’s and best man at his wedding — views his win on liability for PlainsCapital Bank, which came with an award of $2.5 million in fees and expenses, as a loss for Tillotson. But Tillotson recently spoke to The Lawbook about the intense few weeks of litigation that resulted in what he said are favorable results for each of his clients.
Chief U.S. District Judge David Godbey of the NDTX told U.S. Senate Majority Leader Charles Schumer that he is “not authorized to impose unilaterally a new method of case allocation” in order to eliminate forum shopping for favorable judges for specific kinds of cases. In a two-page letter, Chief Judge Godbey said he is “cognizant of the public perception of improper judge-shopping in single-judge divisions,” but the “issues of single-judge divisions are long-standing, and they are not limited to any one class of litigant."
© 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.