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SCOTX Hands Fen-Phen Clients Win in Suit Against Their Former Attorney

The Texas Supreme Court, in a unanimous ruling issued Friday, decided Houston attorney George Fleming was barred — or judicially estopped — from arguing the claims of his former clients were substantially similar after he earlier defeated class certification by arguing the claims were too distinct and therefore not suitable for class treatment. Fleming’s about-face on whether the claims of his former clients were similar or distinct came in the wake of his win in a bellwether trial against six former clients referred to in court documents as the Harpst plaintiffs.

Michelle Casady

CDT Roundup: 11 Deals, 11 Firms, 173 Lawyers, $5.5B

While the oil and gas business remains the endoskeleton of the Texas economy, oil and gas are currently living divergent performance experiences. Oil is experiencing boom times; natural gas, not so much. In such a market the semi-annual Haynes Boone borrowing base and price deck surveys can offer a valuable lenders'-eye view of the immediate future. The CDT Roundup mines the latest data, along with the usual survey of last week's Texas-related deals.

Claire Poole

TxDOT to Face ‘Takings’ Claim Over Tree Removal, SCOTX Says

The Texas Supreme Court rejected the state transportation department’s claim that it thought the large oaks and elms were in its right of way when it directed a contractor to have them cut down. Such a ruling would “eviscerate our constitutional bulwark against uncompensated takings,” the court said.

Janet Elliott

P.S. — A Black Tie Affair, A Safe Space for Mothers, A Grant Deadline

This week’s P.S. features a grant deadline (today) for any Dallas-area organizations pursuing projects that support women; lawyers from Yetter Coleman, Shipley Snell, and Hunton Andrews Kurth receiving pro bono/community service-related awards; a trivia event that raised funds for Children’s Health; an upcoming gala that supports the Dallas LGBTQ+ community that’s in need of more sponsors; and a recent ribbon-cutting event at Houston’s civil courthouse to celebrate the recent installation of the first of several planned lactation pods. 

Pictured: a group of Munck Wilson Mandala lawyers at the 2023 Black Tie Dinner that supports the LGBTQ+ community.

Natalie Posgate

SilverBow Resources’ Asst. GC Jennifer Cadena Knows How to Win ‘The Litigation Chess Game’

One month before the Texas Supreme Court revived a novel lawsuit SilverBow Resources Operating lodged against Energy Transfer alleging it had interfered with its drilling rights via underground contamination linked to an injection well, Jennifer Cadena was promoted to become the company’s assistant general counsel and senior land manager after three years as senior exploration and production counsel.

She worked alongside outside counsel at Ahmad, Zavitsanos & Mensing to ensure when the McMullen County jury finally got to hear the case, they would agree SilverBow was entitled to damages from Energy Transfer.

When the jury awarded SilverBow $24.5 million in damages in February 2023, it was a hard-fought result eight years in the making.

Michelle Casady

Dallas Trial Begins for Physician Indicted in $39M Medicare Fraud

Dr. David M. Young of Fredericksburg, Texas, is accused of electronically prescribing orthotic devices and genetic tests for thousands of patients he never met. U.S. District Judge Brantley Starr told the 14 jurors and alternates chosen Tuesday that the trial is expected to take about two weeks.

Bruce Tomaso

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