Getting Schooled on Mediation
Tapping a Texas-based legal scholar for insights into alternative dispute resolution.
Free Speech, Due Process and Trial by Jury
Tapping a Texas-based legal scholar for insights into alternative dispute resolution.
Trial lawyers who spoke to The Lawbook said the ruling in Gregory v. Chohan didn’t offer much clarity on the proper evidentiary standard for noneconomic damages awards. Justice John Devine, who agreed with the plurality that an improper closing argument likely influenced the damages award and mandates a new trial, decried the new evidentiary standard advocated for by three justices as “impossible” to meet.
Plaintiffs' lawyers suing more than 90 energy companies for alleged market manipulation of natural gas prices during Winter Storm Uri are asking a Houston judge to separate their lawsuits from the more than 300 other wrongful death, personal injury and property damage cases currently consolidated in the MDL in Houston. Data analytics firm CirclesX Recovery argues its lawsuit is legally different from the others and should be handled outside of the MDL.
In this edition of Litigation Roundup, the U.S. Securities and Exchange Commission is running out of patience for a duo accused of running a Ponzi scheme who have yet to retain counsel, an insurer seeks a declaration it doesn’t have to foot the bill in a $10.6 million workplace injury suit, and a Tex-Mex chain notches a win at the Texas Supreme Court.
Gibson Dunn retired partner Rob Walters and Quinn Emanuel partner John Bash in Austin played key roles on the teams behind the antitrust litigation between the two rival tours. Mark Curriden has the names and details.
Lawmakers upended the state’s system of elected district court judges and regional intermediate appellate courts as business interests won a new court system for complex business disputes. The 2023 legislature rejected efforts to cut local governments out of public nuisance suits and weaken the state’s anti-SLAPP statute.
U.S. District Judge Brantley Starr could be the first in the nation to issue a standing order governing the use of artificial intelligence in his courtroom. Texas attorneys who spoke to The Lawbook about the order praised the move as a needed reminder of a lawyer’s professional obligations.
The Texas business litigation bar is abuzz with anticipation as the Texas business court bill from 2023 heads to Gov. Greg Abbott’s desk for signature. Arguably the most transformative change to the Texas judiciary since tort reform, the bill has potential to reshape the way businesses in Texas resolve complex disputes. Despite many open questions, the bill, which would require the business court to begin hearing qualifying cases beginning on Sept. 1, 2024, stands to impact business litigation in Texas sooner than later.
In this edition of Litigation Roundup, Jerry Jones hires a Jackson Walker First Amendment pro to defend him in a defamation suit, Texas reaches multimillion-dollar settlements with Audi, Volkswagen and Walgreens and a chemical company lost a bid on appeal to saddle an insurer with a $16 million bill after paying fraudulent invoices.
On the eve of trial, the automaker reached an out-of-court settlement with a Highland Park woman who claimed she bought a used i3, an electric hatchback, that BMW knew was defective.
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