Free Speech, Due Process and Trial by Jury
In this edition of Asked & Answered, McKool Smith’s Sam Baxter, who recently retired, reflects on his 56-year career. While he is known for his work trying intellectual property cases in the Eastern District of Texas, he started out as a prosecutor and judge.
In this edition of Litigation Roundup, a lawsuit Mercuria Energy American filed against a former trader won’t be going to trial after all, and the U.S. Securities and Exchange Commission gets a $7 million final judgment in a case against a forex trader from Houston it alleged was operating a Ponzi scheme.
U.S. District Judge Alan Albright is expected to announce Wednesday his plans to resign from the Western District of Texas bench he has held for nearly eight years and to step down in August.
In a tag-team closing argument Monday afternoon, two attorneys representing a client facing a $432.7 million damages request by Energy Transfer told Business Court Judge Grant Dorfman the amount being sought is both unfounded and a drastic overreach.
More than a dozen legal groups representing corporate general counsel, smaller law firms, former judges and law professors filed amicus briefs Friday with the U.S. Court of Appeals for the D.C. Circuit supporting Susman Godfrey and three other corporate law firms that are the targets of punishing executive orders by President Donald Trump.
The briefs signed by 21 law professors at Texas law schools, 23 small-firm lawyers in Texas and several prominent Texas firms asked the appellate court judges to uphold four lower court rulings that declared the presidential executive orders unconstitutional.
When it came time to pick the jury for a landmark, bellwether social media addiction trial against Meta and Google, Mark Lanier had a choice to make: Did he want a jury more likely to find liability, or a jury more likely to maximize damages? “In this case, I made the choice for a liability jury,” Lanier told The Texas Lawbook in an interview Thursday. “In this case, the most important thing was to win. I told the team, we may win and only win $250,000, but I want to make sure we win.”
Soon after the jury in Los Angeles County Superior Court rendered its verdict on liability and assessed $3 million in compensatory damages, the panel assessed $3 million in the punitive damages phase of the trial. Jurors heard about four weeks of testimony in the landmark case.
A California judge has rejected a jury’s $950 million award of punitive damages against pharmaceutical giant Johnson & Johnson. The jury awarded $16 million in compensatory damages in October 2025.
This is just one of many cases Dallas-based Dean Omar Branham Shirley is involved with against J&J at the moment.
While Robert Morris, the convicted child sex offender and former pastor of Gateway Church, is sitting in a jail cell in Osage County, Oklahoma, the wake of his crime continues to ripple as the high-stakes litigation involving the megachurch and its elders is spreading and unfolding in courts across North Texas.
Morris, the church, its elders and congregants and Gateway’s insurance company are mired in lawsuits playing out in state and federal courts. Claims range from defamation to dishonesty about the allocation of tithe money to a dispute over retirement payments to Morris.
The Texas Lawbook's Michelle Casady takes you inside the morass of civil litigation.
San Antonio jurors deliberated for nearly three hours after a four-week trial in a trade secrets case that’s been litigated for a decade between HouseCanary and Amrock. The jury found Amrock misappropriated HouseCanary’s trade secrets and defrauded the company.
© Copyright 2026 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.
