Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, we detail the outside lawyers Texas has hired to bring suit against some of the largest private equity firms in the world alleging they conspired to depress the market for coal and a Beaumont personal injury lawyer gets sanctioned for using Claude to write a brief that included made-up cases and quotes.
Rapper Drake has tapped Houston law firm Ahmad Zavitsanos & Mensing, known as AZA, to represent him in a legal action against Universal Music Group amid his high-profile feud with fellow rapper Kendrick Lamar. AZA Partners John Zavitsanos, Daryl Moore, Monica Uddin and associate Michael Killingsworth on Monday filed a pre-lawsuit petition in Bexar County requesting permission to take depositions of corporate representatives for UMG and iHeartMedia.
Guardant Health and Natera had lodged false advertising claims against each other, with Guardant filing suit first in May 2021 and Natera following with counterclaims in June 2021. The jury, which was seated Nov. 4 and heard 10 days of testimony before returning a verdict Monday, awarded Guardant $75 million in damages for corrective advertising, about $41.5 million for disgorgement of Natera’s profits and $175.5 million in punitive damages.
A Dallas County jury found Prairie Link Constructors, a joint venture of construction companies Fluor Enterprises and Balfour Beatty Infrastructure, breached its contract with the North Texas Tollway Authority to build six and a half miles of roads, bridges and retaining walls on the President George Bush Turnpike. A majority of the walls were found to be defective, the NTTA alleged.
In an opinion dated Nov. 12 but not published to the court’s website until Monday, the panel found that “the trial judge has abused her discretion by failing to perform her ministerial duty to rule on Megatel’s motion to compel arbitration despite Megatel’s numerous attempts to set a hearing and request a ruling.”
In this edition of Litigation Roundup, Kroger strikes an $83 million deal to bring an end to opioid epidemic claims in Texas, the state is given a deadline to reply to a rehearing request in the longrunning litigation over the safety of the foster care system and a fried chicken trademark spat lands in the Eastern District of Texas.
Autonomous trucking company TuSimple Holdings Inc. is suing a new venture led by TuSimple’s co-founder and ex-CEO in one of the first Texas business court cases. Lawyers for TuSimple say the case is among the earliest and largest nationwide in which artificial intelligence technology is at the core.
Consilio, which claims to be the largest e-discovery firm in the world, committed a Class B misdemeanor offense when it accessed a woman’s computer without consent, a jury recently determined. Rob Miller of Miller Copeland, who represented the plaintiff, told The Texas Lawbook he believes this is the first lawsuit of its kind to be decided by a jury.
Former president Donald Trump has hired Amarillo lawyer Christopher D. Parker, a shareholder at Farris, Parker & Hubbard, as one of three attorneys to file a lawsuit against CBS Broadcasting claiming that the TV network committed “unlawful acts of election and voter interference through malicious, deceptive and substantial news distortion” by editing interviews with Vice President Kamala Harris that were broadcast in early October.
The Fifth Circuit has shown a willingness to invalidate agency actions like the FTC rule being challenged here. In recent years, the court has struck down a variety of rules after finding their implementation ran afoul of either the enacting agency’s authority or the federal Administrative Procedure Act.
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