Free Speech, Due Process and Trial by Jury
Senators broke along party lines in advancing legislation to stop “nuclear verdicts.” Senate Bill 30 would limit recoverable medical expenses to 300 percent of Medicare rates, adjusted for inflation. Supporters said the bill is needed to bring down insurance rates, while critics said it would remove discretion from judges and juries to make decisions on facts in individual cases.
The longtime prosecutor is reuniting with former U.S. Attorney Leigha Simonton to form what Dykema calls ‘a potent tag team’ in healthcare litigation and other white-collar fields.
In this edition of Litigation Roundup, the widow of an oilfield worker sues Apache Corp. over her husband’s heat-related death, lawyers for the driver of a vandalized Tesla tout a first-of-its-kind civil suit, and Judge Stuart Kyle Duncan takes aim at the qui tam provisions of the False Claims Act in a concurring opinion where the court wiped out a $28.7 million jury award.
The case has been assigned to U.S. District Judge Alan Albright, who is being asked to declare that eight federal agencies have authority to terminate the collective bargaining agreements with their employees. The lawsuit was filed one day after President Donald Trump issued an executive order exempting employees of the eight federal agencies bringing this lawsuit from federal labor law requirements, purportedly in an effort to “enhance the national security of the United States.” The Office of Personnel Management subsequently instructed those agencies “to take appropriate steps toward terminating their previously negotiated CBAs,” according to the lawsuit.
In June, a New Jersey jury hit Janssen Products with a $150 million verdict. The final judgment trebled damages and assessed a whopping $1.27 billion civil penalty but did ax about $30 million in damages to the states under the False Claims Act after the judge agreed with Janssen that not enough evidence was presented to sustain that portion of the award. Dallas boutique Reese Marketos was brought into the case two years ago to take it to trial.
The current enforcement landscape is a new and complicated playing field in which both Republican and Democratic AGs are eyeing business as prime enforcement targets. Business leaders and general counsel, particularly those with business operations in multiple states, would do well to pay attention to the competing enforcement priorities.
On its third day of deliberations, a Dallas County jury awarded Bernard Tubeileh about $7.7 million in damages and rejected claims that he was fired because he’d stole millions from his employers.
Amid uncertainty about the new administration, top Texas litigators who specialize in white-collar criminal law and securities enforcement say healthcare fraud will continue to be a top priority for federal prosecutors, though immigration cases will likely see a surge. The Texas Lawbook asked eight leading white-collar specialists what they see as the most important legal trends in the state and what they predict regarding white-collar prosecutions this year. Cybersecurity, foreign bribery, elderly abuse and privacy law violation offenses are best bets. But then again, it is President Trump, so who knows?
The U.S. attorney for the Northern District of Texas officially leaves office on Sunday, the day before President-elect Donald Trump is sworn in. In a wide-ranging discussion with The Texas Lawbook, Leigha Simonton reflects on her two years as chief federal prosecutor in a district that sprawls across 100 counties, and her long years of public service that led her to the job.
In a recent CLE event hosted by The Texas Lawbook and the Houston chapter of the Association of Corporate Counsel, lawyers from Bracewell, Talen Energy and Vopak gathered to discuss various topics related to the different areas they are keeping a keen eye on as the change of presidential administrations inches closer to the Jan. 20 inauguration date.
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