Free Speech, Due Process and Trial by Jury
The radio station’s owners sued the two broadcast celebrities, accusing them of violating their noncompete agreements by starting a sports-talk podcast shortly after quitting in July. U.S. District Judge Karen Gren Scholer, presiding over the case, repeatedly encouraged to two sides to resolve their differences.
In this edition of Litigation Roundup, the former general counsel of the Houston Housing Authority has her qui tam False Claims Act suit partially revived by the Fifth Circuit, an allegedly undisclosed personal relationship between a magistrate judge and a plaintiff attorney who secured a $124.5 million award in her court gets a second look, and a former CEO of a software company loses his bid to keep a $20 million suit in Texas courts.
Harris County District Judge Elaine Palmer has ordered attorneys Michael D. Sydow and Chidi D. Anunobi to take 10 hours of legal ethics education classes each year for the next five years after finding they filed for a lawsuit for an improper purpose on behalf of their litigation management company client, Iron Oak. The lawsuit was brought in an attempt to collect $10 million from inventors Michael E. Porter and John T. Preston and their company Continuum Energy Technologies.
The dispute between the largest Hispanic grocery store chain in Texas and the business partner that supplies its meat will be settled through arbitration after a failed attempt by La Michoacana to get a district court to grant it access to the books and records of Amigos Meat Distributors. Judge Tanya Garrison, who sent the case to arbitration, told the parties at a hearing last month "I feel like this is a fight between my kids in the backseat. ‘He touched me first.’ And they’re saying ‘nuh-uh.’”
In this edition of Litigation Roundup, the University of Houston gets a retaliation lawsuit tossed on appeal, a group of investors in a Dallas-area chain of hot chicken restaurants settles its suit with a hospitality group and the Fifth Circuit sides with the National Labor Relations Board in a suit involving fired plant workers.
In this edition of Litigation Roundup, Southwest Airlines attorneys are denied a stay of a sanctions order that they undergo religious liberty training, the Texas Supreme Court rejects Jerry Jones’ request to end an assault suit brought by a woman he allegedly forcibly kissed at AT&T Stadium and the Fifth Circuit revives a suit against the Food and Drug Administration over tweets about ivermectin.
The hotly contested legislation establishing a new business court and intermediate court of appeals to handle complex commercial cases goes into effect Sept. 1 as litigators wait for judicial appointments and procedural rules. Many expect challenges to the business court’s system of appointed judges and the Fifteenth Court of Appeals’ statewide jurisdiction. Janet Elliott outlines the issues.
Closing arguments are one of the most anticipated parts of any jury trial. Consequently, it’s important for the advocate to choose his or her words carefully for maximum impact. We’ve found that jurors throughout the country are very responsive to an approach that emphasizes the inability of one side to prove its case. Finding a way to couch the argument with broad appeal is all the more persuasive.
In this edition of Litigation Roundup, Southwest Airlines’ attorneys get a temporary stay of an order that they undergo religious liberty training, the Texas Supreme Court declines to grant Harris County emergency relief in its lawsuit over a new law that abolishes the county’s office of election administration, and the full Fifth Circuit revived a lawsuit brought by female Dallas County jailers alleging sex discrimination.
Lawyers for both sides told U.S. District Judge Karen Gren Scholer they’d like to resolve a lawsuit accusing the two sports-talk hosts of violating a noncompete agreement by launching a sports podcast after leaving the radio station. “I am very confident you’ll work out a deal,” the judge said after conferring in chambers with the parties and counsel.
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