BMW Settles Dallas Suit Over Sale of ‘Lemon’ Used Car
On the eve of trial, the automaker reached an out-of-court settlement with a Highland Park woman who claimed she bought a used i3, an electric hatchback, that BMW knew was defective.
Free Speech, Due Process and Trial by Jury
On the eve of trial, the automaker reached an out-of-court settlement with a Highland Park woman who claimed she bought a used i3, an electric hatchback, that BMW knew was defective.
A three-judge panel of the Fifth Circuit has asked the state’s high court to answer two certified questions that will determine if two flight attendants, Marvin Sanders and Matthew Sodrok, can proceed with their suit against Boeing over the alleged malfunction of a smoke detector on one of the company’s planes.
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.
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