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Prosecutors Must Narrow Charges in Criminal Suit Over West Texas Hydrogen Sulfide Death After Successful ‘Multiplicity’ Challenge

Aghorn Operating had argued the government was charging it three times for the same death, while prosecutors argued that each count related to an alleged violation of a different environmental law and that forcing it to narrow the charges would cut against the legislative intent and “undermine the deterrent value of the OSH Act.”

U.S. District Judge David Counts became the first federal judge in history to interpret the contours of a multiplicity challenge — that is, an argument that the Department of Justice is impermissibly spreading a single offense over several counts — related to alleged violations of the Occupational Safety and Health Act resulting in an employee’s death.

Lawyer for Foster Care Children Will Appeal Fifth Circuit Rejection

The lead lawyer for tens of thousands of foster care children in Texas said Sunday that he will appeal a decision handed down Friday by a federal appeals court removing the federal judge who has overseen the litigation for 13 years and whose orders have forced Texas officials to greatly improve how they investigate accusations of abuse in the state’s foster care system.

Houston trial lawyer Paul Yetter told The Texas Lawbook in an interview Sunday that he believes the opinion by the three-judge panel of the U.S. Court of Appeals for the Fifth Circuit focuses too much on procedure and not enough on specific evidence involving dozens of mentally challenged and disabled children in the foster care system who remain in serious danger because of the lack of attention from Texas officials.

Fifth Circuit Reverses Sanctions Against Texas in Foster Care Case, Removes Trial Judge

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a decision issued late Friday blasted the federal trial judge overseeing the litigation over the allegedly disgraceful conditions of the Texas foster care system for telling lawyers for the state of Texas that “doesn’t hurt” for state officials to “go over and above the minimum standards for protecting Texas children. The federal appeals court panel said that U.S. District Judge Janis Jack has made courtroom remarks that “implied bias” that “raise serious questions concerning … the appearance of justice.”

P.S. — ADL Honors Reasoners, Dallas Hispanic Bar Gala, Inns of Court Recognizes Gray Reed Partner

Two years ago, The Texas Lawbook created the full-time pro bono, public service and diversity writer position with a carrot-and-stick approach: Highlight the successes of Texas lawyers in these three critical areas to hopefully encourage others to do the same and to provide data and analysis about where lawyers and firms are falling short. To be sure, the sticks are being sharpened to address failures. But today, we have three successes to highlight.

Truelove: The Last Name Attached to Some of Marshall’s Biggest Verdicts

From the $663 million False Claims Act judgment against Trinity Industries in 2014 to this year’s $1.4 billion settlement on behalf of the state of Texas against Facebook parent Meta, one name stands out: Truelove. Jennifer and Kurt Truelove have been involved in some of the biggest verdicts and settlements to come out of Marshall, the East Texas town famous for its patent litigation docket.

J&J Bankruptcy to Stay in Texas

U.S. Bankruptcy Judge Christopher Lopez said Thursday that he is keeping a Johnson & Johnson-related bankruptcy in Texas and not transferring the case back to New Jersey where J&J is headquartered.

Bankruptcy Chief Rodriguez Mulls JW’s Bid to Depose U.S. Trustee Epstein

During a hearing Tuesday, Chief U.S. Bankruptcy Judge Eduardo V. Rodriguez gave Jackson Walker and the U.S. trustee’s office until Oct. 15 to provide the court with further briefing on whether the depositions of the current and former U.S. trustee for Region 7 and a current trial attorney in that office should take place. He promised to rule quickly on the matter after the briefing is filed and said that for each day after Oct. 16, if he doesn’t file an order, he will be extending discovery deadlines by one day. Discovery is slated to close Nov. 1.

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