The first jury trial for the Texas Business Court began this morning in Houston in a breach-of-contract case.
Opening statements are expected to start tomorrow. The seven-day jury trial is being held in the Family Law Center, with Judge Sofia Adrogué presiding.
The case focuses on a dispute between Albert Powers and Axis Midstream Holdings. Powers claims he has partial rights to the ownership and profits from Axis’ oil delivery system.
While the new court is seeing its first jury trial, a judge in Bexar County is suspended following criminal charges.
A week after her indictment on multiple criminal charges, Bexar County Court Judge Rosie Speedlin Gonzalez has been suspended without pay.
The State Commission on Judicial Conduct issued the suspension order on Thursday and will remain in effect until the charges are dismissed, she is acquitted or the commission issues another order.
Judge Speedlin Gonzalez was indicted on charges of unlawful restraint by a judicial officer and official oppression.
The incident occurred a year ago when Judge Speedlin Gonzalez had San Antonio defense attorney Elizabeth Russell handcuffed inside the jury box of her courtroom following a disagreement.
She was booked at the Bexar County jail and released on bond.
The Litigation Roundup is a weekly feature highlighting the work Texas lawyers are doing inside and outside the state. Have a development we should include next week? Please let us know at tlblitigation@texaslawbook.net.
Middlesex Superior Court, Massachusetts
J&J’s Summary Judgment, New Trial Motions Denied
Justice Christopher Belezos denied Johnson & Johnson’s motion for summary judgment and its request for a new trial last week.
Dallas-based Dean Omar Branham Shirley represents Janice Paluzzi, who was diagnosed with mesothelioma in 2021.
A 13-person jury in Boston awarded Paluzzi $8 million in past and future pain and suffering in June 2025.
“While the defendants presented highly qualified, and in some instances very compelling, testimony as to geological, medical, and individual life circumstances regarding the source of Ms. Paluzzi’s exposure, the plaintiff likewise presented expert and factual testimony on the same issues,” Justice Belezos wrote in his order. “As such, the jury had an evidentiary foundation to support their conclusion, and the Court has no basis to disturb same.”
Both parties agreed the award should be reduced to offset the amount previously collected by Paluzzi. The court ruled the prejudgment interest should be calculated based upon the entire award of $8 million and then the offset of $1,795,941.06 can be applied.
Stephanie Batchelder, Alicia Chouinard and Daniel McCarthy of Manning Gross + Massenburg represent J&J.
Ben Braly, Jessica Dean, Anthony Bianco, Dana Simon and Aaron Chapman of DOBS, Brian Kenney, Christopher Meisenkothen and Kyle Navin of Early, Lucarelli, Sweeney and Meisenkothen represented Paluzzi.
The case number is 2181CV02109.
Southern District of Texas, Houston Division
Ex-Texas A&M Prof Sues Over Termination for Gender Identity Lesson
A former Texas A&M University professor who was fired over a video that depicted a student objecting to a children’s literature lesson about gender identity is now suing the institution, claiming her First Amendment rights were violated.
Melissa McCoul was a senior lecturer in the English department when Republican lawmakers and Gov. Greg Abbott called for her termination after seeing the video of a student questioning whether the class discussion was legal under President Donald Trump’s executive order on gender.
Two separate independent bodies found the university was unjustified in terminating McCoul, but the institution upheld the decision.
The complaint names members of the Board of Regents of the university, Tommy Williams in his capacity as interim president, former university president Mark Welsh, Glenn Hegar in his capacity as Chancellor and James Hallmark in his capacity as vice chancellor.
McCoul claims First Amendment retaliation, violation of due process of law and breach of contract.
McCoul is seeking a jury trial, reinstatement, punitive damages and lost wages.
“This case is representative of a broader attack on First Amendment rights within higher education; in particular, it demonstrates Gov. Greg Abbott’s willingness to exert his influence to eliminate curriculum he deems objectionable,” McCoul’s attorney, Amanda Reichek of Tillotson Johnson & Patton, told The Texas Lawbook. “This lawsuit is a canary in the coal mine; and anyone who cares about government overreach and the Bill of Rights, regardless of political persuasion, should take it very seriously.”
Texas A&M Vice Chancellor for Marketing and Communications Chris Bryan said the university is aware of the litigation.
“As this is pending litigation, we will not comment further, but we intend to vigorously defend against the claims,” Bryan said.
Judge Andrew Hanen is presiding over the case.
Counsel for the defendants have not filed appearances.
The case number is 4:26-cv-00865.
Western District of Texas, Austin Division
Texas Law Aimed at Financial Firms Ruled Unconstitutional, Paxton Appeals
U.S. Judge Alan Albright granted the American Sustainable Business Council’s motion for partial summary judgment and enjoined the defendants from enforcing Texas law that’s aimed at financial firms that “boycott” fossil fuels last week.
The Texas Legislature passed Senate Bill 13 in 2021, which requires the comptroller to make a “blacklist” of all financial companies that “boycott energy companies.”
Judge Albright wrote that SB 13 is overbroad and violates the First Amendment.
He also wrote that SB 13 is vague in violation of the Fourteenth Amendment because “it fails to provide persons of ordinary intelligence a reasonable opportunity to know what conduct is prohibited and does not provide explicit standards for determining compliance with the law.”
He found the law unconstitutional and unenforceable.
Texas Comptroller of Public Accounts Glenn Hegar and Texas Attorney General Ken Paxton filed notice of appeal to the Fifth Circuit Court of Appeals on Friday.
Ketan Upendra Kharod, Marco Guerrero of Mary Whittle of Guerrero & Whittle, Matthew Brinckerhoff, Sana Mayat of Vasudha Talla of Emery Celli Brinkerhoff Abady Ward & Maazel, and Rachel Fried, Skye Perryman and Victoria Nugent are representing the American Sustainable Business Council.
William Ferrell of the Office of the Attorney General is representing Hegar and Paxton.
The case number is 1:24-cv-01010.
193rd District Court, Dallas County
Perot Jain Sued by Former Partner, Claims Unpaid Equity Compensation
A former partner of Dallas-based venture capital firm Perot Jain filed a lawsuit last week against the firm and its founders, Ross Perot Jr. and Anurag Jain, alleging fraud, breach of contract and related claims arising from unpaid equity compensation.
Joseph Beard worked for Perot Jain from 2015 to 2020 under an employment agreement that granted him a 3 percent equity interest in the portfolio companies he managed.
His primary responsibility was Access Healthcare Services, the firm’s most valuable investment, where he created at least $128 million in value during his tenure, according to court documents.
When Beard departed Perot Jain, he was persuaded to exclude his Access Healthcare equity from his separation agreement, with promises from Perot and Jain to compensate him at the time of a future sale.
In January 2025, Perot Jain sold a majority stake in Access Healthcare for a reported $2 billion. Despite repeated efforts by Beard to recover the equity, Perot and Jain have refused.
“For the first time in Beard’s experience in dealing with Perot, Perot’s business partners, or Perot’s entities, Perot’s word has not been honored,” the lawsuit reads.
Beard is seeking a jury trial.
Judge Bridgett Whitmore is presiding over the case.
Counsel for the defendants have not filed appearances at this time.
Daniel Charest, Hannah Crowe and Lawson Sadler are representing Beard.
The case number is DC-26-02043.
459th District Court, Travis County
Texas Accused of Infringement by Texas Precious Metals
Texas Precious Metals filed a lawsuit last week alleging the state of Texas infringed on the company’s intellectual property and exceeded the authority granted under Texas law in the design, manufacture, marketing and sale of bullion products by or through the Texas Bullion Depository under marks registered to it.
House Bill 483, which went into effect in June 2015, authorizes the Depository to develop certain types of promotional materials. Texas Precious Metals claims its actions exceed the authority of HB 483.
The defendants are Kelly Hancock, in his capacity as acting Texas Comptroller of Public Accounts, and Macy Douglas, in her capacity as administrator of the Texas Bullion Depository.
Texas Precious Metals is seeking an injunction to halt the state from designing, minting and selling precious metals.
“By definition, the products cannot be official because the Agency has no authority to mint, market, or sell them or to represent itself as a mint. The harm caused by the Agency’s unauthorized conduct is imminent and irreparable, and there is no adequate remedy at law. The Agency must immediately be restrained and enjoined from unlawfully minting, promoting, and selling precious metals,” the complaint reads.
Texas Precious Metals is seeing a jury trial.
Casey Low, Ryan Sullivan and Elizabeth Blackford of Pillsbury Winthrop Shaw Pittman are representing Texas Precious Metals.
Counsel for the defendants have not filed appearances at this time.
The case number is D-1-GN-26-000754.
Craving more Texas Lawbook litigation coverage? Don’t worry, we’ve got you covered. Take a look at these stories you may have missed in the past few days.
Dallas County Judge Emily Tobolowsky, who is not seeking reelection, denied the motion to dismiss two elders from the defamation lawsuit against Gateway Church. The nondenominational, evangelical Christian megachurch has been tangled in several lawsuits following sexual abuse allegations against Robert Morris, its former senior pastor.
A two-and-a-half-week trial concluded with the jury awarding just over $20.2 million to a car dealership executive after finding his business partner liable for breach of contract and breach of fiduciary duty. The two are still business partners but are working toward untangling themselves so they can go their separate ways.
In an amended complaint filed last week with the Texas Business Court, Clean Hydrogen Works has added Exxon Mobil as a defendant in an antitrust and unfair competition suit. Exxon’s affiliate Denbury Carbon Solutions has filed a motion for partial summary judgment.
Prominent Dallas trial lawyer Tom Melsheimer, long-time law partner Steven Stodghill and seven other litigation partners from Winston & Strawn started their new positions as partners at King & Spalding in Dallas last week. “I was on top of the mountain with Winston,” Melsheimer told The Texas Lawbook. “But then I saw another mountain. King & Spalding made an offer that I could not say no to, so I didn’t. King & Spalding understands that this is a war for the best talent because the best talent attracts the best clients. King & Spalding is in it to win this war.”
Before he was appointed as a justice on the state’s highest court in October, Kyle Hawkins argued five cases before the U.S. Supreme Court and nine at the Texas Supreme Court. His advocacy included cases targeting abortion, the Affordable Care Act and New York’s school vaccination law. Hawkins’ appointment came shortly after he argued a tobacco tax case before the court he now sits on.