Free Speech, Due Process and Trial by Jury
The defendants in a breach of contract dispute had argued that Dallas County District Court Judge Ashley Wysocki’s appointment of her campaign treasurer, James Stanton, as receiver in the case mandated her recusal. Judge Wysocki and Regional Presiding Judge Ray Wheless disagreed.
In this edition of Litigation Roundup, a Houston jury awards a woman $1.2B in a revenge porn case she brought against her ex-boyfriend, the state of Texas is facing another lawsuit over a new law set to go into effect Sept. 1, and McCathern teams up with civil rights lawyer Ben Crump in a suit against Harris County over its treatment of jailed individuals.
Lawyers for the court-appointed receiver in the R. Allen Stanford Ponzi scheme case have asked a federal judge to order Trustmark National Bank to fork over the $100 million it agreed to pay earlier this year in its settlement with victims of the fraud.
Trustmark, according to documents, has declined to pay the receiver the $100 million because Stanford, who is in federal prison serving a 110-year sentence, has objected to the settlement agreement claiming that his conviction was unconstitutional and that the receivership should be dissolved on subject matter jurisdictional issues.
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.
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