Free Speech, Due Process and Trial by Jury
A Dallas-area pain management clinic, American Pain and Wellness, argues that the arbitrator of a dispute with a former employee over payment and reimbursement “intentionally” failed to disclose details about his education and religious preferences that amount to evident partiality and dooms the award. Fort Worth lawyer John Chalk of Whitaker Chalk served as the arbitrator.
The Ticket’s parent company is accusing Jacob Kemp and Daniel McDowell, the former hosts of popular sports talk radio show The Hang Zone, of violating a noncompete agreement by launching a new podcast after leaving the station in July.
Sean Royall, who has represented AT&T, Facebook, Allergan and JUUL Labs, joins King & Spalding as its global head of antitrust and consumer protection. Since 2019, Royall’s career has taken him from Gibson Dunn to stops at Kirkland and Sidley and now K&S.
In this edition of Litigation Roundup, mootness ends Surfside Beach property owners’ dispute with the Texas General Land Office in a 2-1 ruling from the Fifth Circuit, a challenge to the Inflation Recovery Act’s medication pricing controls keeps rolling and a conservative activist sues Lt. Gov. Dan Patrick over an impeachment-related gag order.
The Smith County jury heard about three days of testimony and deliberated for five hours before agreeing 10-1 that Walmart was 80 percent liable for the injuries suffered by a subcontractor who was hit by a shoplifter fleeing the parking lot.
Three hours before the Houston Astros reacquired pitcher Justin Verlander in a huge trade Tuesday, O’Melveny & Myers announced its continued expansion into Texas by hiring away two prominent litigation partners from Baker Botts in Houston.
Created by David E. Kelley, adapted from the Michael Connelly novels, The Lincoln Lawyer series piles up legal and ethical dilemmas in the service of drama and suspense. The key ingredient: Manuel Garcia-Rulfo's Mickey Haller, a Los Angeles defense attorney who stays likable even when he seems to slither as much as he strolls. Texas entertainment and arts critic Chris Vognar provides a peek into Season 2, which resumes Aug. 3.
In this edition of Litigation Roundup, a federal judge in Texas determines an insurer does not have to cover policyholders accused of stealing $80 million in Bitcoin through a malware attack, the operators of a pyramid scheme agree to pay Texas $10.76 million and the state draws a lawsuit from booksellers over a new regulation.
In the nine months attorney Kyle Pugh worked on the case, he took 20 depositions, hired numerous experts and prepared to simultaneously prove the government was responsible for his client’s injuries and that the orthopedic surgeon who treated Michael Le was not.
Texas prides itself on its rugged, independent spirit. Often, that’s a good thing. However, there is an aspect of insurance law in which Texas stands gloomily distant from the other 49 states. They are united, and Texas is a stuck-in-the-mud outlier rather than a paragon in its isolation. Ironically, it’s an area in which the Texas jurisprudence is distinctly detrimental to Texas businesses.
Deliberations, which began Wednesday afternoon, are to continue Thursday morning in the federal fraud trial. The defendant, Richard Hall, is accused of running a bogus-prescription scam that cost U.S. taxpayers $55 million.
The jury of five women and three men heard six days of testimony before beginning deliberations around 1 p.m. Wednesday. About three hours later they determined Schlumberger had not discriminated against Jessica Cheatham based on her sex, had not subjected her to a hostile work environment, had not retaliated against her and had not constructively discharged its former field engineer.
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