The Fifteenth Court of Appeals, which opened and began accepting cases Sept. 1, will be tasked with determining whether Dallas County District Judge Emily Tobolowsky got it right when she rejected Texas’ request to halt a ban on guns at the State Fair. Texas has argued it pursued litigation to protect citizens’ gun rights. The defendants argue this case is actually about property rights.
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P.S. — North Texas Giving Day, ‘LAWtería’ Game Night, Texas Watch Honors Steve Laird
Lawyers flooded social media this week with announcements that they — and hundreds of their best friends — were named Texas Super Lawyers. But we identified some amazingly good things lawyers did this week for the legal profession and the community.
For example, Legal Aid of Northwest Texas benefited from the annual North Texas Giving Day. Texas Access to Justice Foundation and the State Bar of Texas’s Hispanic Issues Section announced it is hosting its fifth annual virtual game night to raise funds next week. The nonpartisan citizens advocacy group Texas Watch honored Fort Worth trial lawyer Steve Laird with its Champion of Justice Award. And Sheppard Mullin kicked off the Dallas Bar Association’s Equal Access to Justice Campaign, which is being co-chaired by Oncor GC Matt Henry, with a five-figure donation.
Vistra Acquires Remaining Stake in Nuclear and Solar Facilities for $3.25B
Texas lawyers from Latham & Watkins and Sidley Austin advised Vistra on the acquisition of the last 15 percent of Vistra Vision not already owned by Vistra. Vistra Vision owns and operates alternative energy facilities, including four nuclear plants.
PlainsCapital Bank Wants $50M+ Lawsuit Transferred to 15th COA, Guarantors Do Not
A main point of contention in the briefing is whether the dispute centers on a bank loan — which would deprive the Fifteenth Court of Appeals of exclusive jurisdiction over the case under Texas Government Code section 25A.001(14) — or if it centers instead on a guaranty agreement. In the underlying case, parties on both sides of the dispute claim to have been the victims of a Ponzi scheme.
Fired Police Captain Gets $21.35M in Wrongful Termination Trial
A federal jury in Sherman on Thursday awarded $21.35 million in damages to a former Quitman police captain who was fired then arrested for signing an affidavit in 2017 saying he didn’t think a friend could get a fair trial in Wood County because of an improperly close relationship between the county sheriff, the district attorney and the state district judge assigned to Wood County.
‘How Could This Possibly Happen in the United States?’ Lawyer for Fired Quitman Police Captain Asks
In closing arguments, Laura Benitez Geisler of Dallas, the lawyer for Terry Bevill, tells a federal jury he deserves at least $33 million because he was wrongfully fired and arrested for exercising his First Amendment right to free speech. The jury enters its second day of deliberations Thursday morning.
Fired Quitman Police Captain’s Suit Headed to Jury
After six days of testimony, closing arguments in Terry Bevill’s wrongful-termination lawsuit are scheduled for Wednesday morning before U.S. District Judge Amos L. Mazzant III of Sherman.
CDT Roundup: 24 Deals, 12 Firms, 235 Lawyers, $11B
Private equity is back; particularly in middle market deals. Pitchbook says so in a report released last week. In their study of H1 data Pitchbook forecasts that middle market deal counts will reach 3,400 by the end of the year, with values of as much as $345 billion. That would make it the third-best year for middle market PE deals, ever. If you want particulars, look no further than this week’s CDT Roundup, in which 13 of last week’s 16 M&A/Funding deals involved some form of PE participation. The Roundup even has the names of the lawyers behind them.
Judge Vacates $260M Verdict Against Johnson & Johnson; Plaintiff’s Dallas-Based Lawyers Plan to Appeal
The state judge in Oregon did not immediately offer a reason for overturning a jury’s verdict in the trial for a woman who accused J&J’s talc-based baby powder of causing her mesothelioma. J&J’s worldwide vice president of litigation blasted Dean Omar Branham Shirley lawyers for “prejudicial conduct” that led to an “indefensible” verdict.
Norton Rose Adds New Family Office Partner in Dallas
Norton Rose Fulbright announced Tuesday that it has hired a new partner — Gabriella Orengo Lyons — for its corporate, M&A and securities practice in Dallas.