Free Speech, Due Process and Trial by Jury
The bench trial between the trustee of a Dallas luxury senior living community and its landlord began Tuesday afternoon in U.S. District Court Judge Ada Brown’s courtroom. The Edgemere went into bankruptcy in 2022 and was bought at auction in 2023. The company claims its landlord attempted to take control of the business.
A group of 13 shareholders of biopharmaceutical tech company Sorrento Therapeutics allege in a new lawsuit that Dallas-based Jackson Walker’s decision to file its bankruptcy case in the Southern District of Texas was done to enrich the firm at the expense of the shareholders.
Since about 5 p.m. Tuesday — Day 1 of a three-day hearing on approval of nine settlements with former bankruptcy clients totaling roughly $4 million — Jackson Walker’s counsel and the U.S. Trustee had been working, at the judge’s direction, on reaching a compromise on the settlement language.
At the heart of the matter was the effect and scope of the language in the settlement agreements.
In this edition of Litigation Roundup, a veteran trial lawyer has been chosen to lead the South Texas College of Law Houston board and a First Amendment case is settled between a Texas Tech professor and an ex-dean. Meanwhile, the Department of Justice opposes Jackson Walker’s fee settlements related to the romance scandal between former U.S. Bankruptcy Chief Judge David Jones and a former Jackson Walker partner, while a Houston-area man pleads guilty in a Ponzi scheme.
A proposed class action lawsuit filed in the Southern District of Texas claims former bankruptcy Judge David Jones, former Jackson Walker bankruptcy partner Elizabeth Freeman and major law firms allegedly hid the romantic relationship between Jones and Freeman. Jones resigned from the bench in 2023 after news of his relationship with Freeman was publicly reported.
Luxury retailer Saks Global Holdings, the parent company of Neiman Marcus, Bergdorf Goodman and Saks Fifth Avenue, filed for Chapter 11 bankruptcy protection Tuesday in the Southern District of Texas. The retailer selected Willkie Farr, Haynes Boone and Bradley Arant as its lead legal advisors to guide the bankruptcy.
A federal bankruptcy judge in Houston has determined that while a litigation trustee’s $4.65 million settlement demand is reasonable, the court cannot compel Relm Insurance Ltd. to fund the within-limits settlement.
Western District of Texas Chief U.S. Bankruptcy Judge Craig A. Gargotta issued a 199-page opinion and order Tuesday in a case he’s been presiding over for six years. He wrote that the trustee failed to prove all but one of its claims for relief and awarded just $1 in damages. “Further, there was insufficient evidence to support an award of damages or attorney’s fees in this case,” he wrote. “The result may be viewed as harsh, but it is appropriate.”
In the concise eight-page order, Chief U.S. District Judge for the Western District of Texas Alia Moses denied Jackson Walker’s demand for a jury trial, hit pause on several proposed settlements the firm has reached with its former bankruptcy clients, consolidated the 34 cases where the U.S. Trustee is trying to claw back millions in fees, and sent them back to the Southern District of Texas bankruptcy judge who had been overseeing the cases until April.
Pine Gate Renewables and 78 of its affiliated businesses filed for Chapter 11 bankruptcy protection Thursday in the Southern District of Texas as the North Carolina-headquartered business “continues to engage in a competitive sales process with multiple interested parties to transition ownership of its solar and energy storage project fleet while preserving jobs and maximizing value.”
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