LaGarde Law Firm, P.C.

01/27/2022

What happens if a company files a lawsuit and pursues litigation for an extended period only to decide later that it wants to invoke the arbitration provision in its contract? Does the court need to find that the other side has been prejudiced before it will find a waiver of the arbitration agreement? That question is pending before the Fifth Circuit Court of Appeals in a Petition for Certiorari filed by a Texas energy consulting firm....

What happens if a company files a lawsuit and pursues litigation for an extended period only to decide later that it wants to invoke the arbitration provision in its contract? Does the court need to find that the other side has been prejudiced before it will find a waiver of the arbitration agreemen...

01/27/2022

One of the side effects of the Covid pandemic is that attorneys have been forced to rely on remote depositions. In a normal deposition, both sides' attorneys, the court reporter, and the witness are located in the same room. That makes it difficult for a third party to coach the witness or provide the witness with answers. By contrast, in a Zoom deposition, a witness is often alone in a room....

One of the side effects of the Covid pandemic is that attorneys have been forced to rely on remote depositions. In a normal deposition, both sides’ attorneys, the court reporter, and the witness are located in the same room. That makes it difficult for a third party to coach the witness or provide...

01/26/2022

A Texas federal judge ruled that a nursing home that refused to follow recommended Covid prevention measures may be held liable for the death of a resident. The nursing home claimed it was immune from suit because of a statute that grants immunity to companies that respond to a national public health emergency. The federal judge found that the lawsuit was not questioning the nursing home's actions in responding to the public health emergency....

A Texas federal judge ruled that a nursing home that refused to follow recommended Covid prevention measures may be held liable for the death of a resident. The nursing home claimed it was immune from suit because of a statute that grants immunity to companies that respond to a national public healt...

01/25/2022

A Texas federal judge granted a motion for summary judgment filed by the Securities and Exchange Commission in a suit against two oil and gas promoters. The two were found to have set up a Ponzi scheme over the course of two years which bilked 70 investors out of millions of dollars. The two were found to have lied to investors about production from wells in Texas and Oklahoma, many of which were plugged and abandoned or producing much smaller quantities than promised....

A Texas federal judge granted a motion for summary judgment filed by the Securities and Exchange Commission in a suit against two oil and gas promoters. The two were found to have set up a Ponzi scheme over the course of two years which bilked 70 investors out of millions of dollars. The two were [....

01/24/2022

The families of servicemembers killed in a helicopter crash during Navy exercises sued the private contractor responsible for maintaining the helicopter under the Death on the High Seas Act and general maritime law. A state court trial judge in Texas dismissed the suit and ruled that the lawsuit must be dismissed under the political question doctrine. In other words, a state trial court should not be involved in questioning the decisions of the military....

The families of servicemembers killed in a helicopter crash during Navy exercises sued the private contractor responsible for maintaining the helicopter under the Death on the High Seas Act and general maritime law. A state court trial judge in Texas dismissed the suit and ruled that the lawsuit mus...

01/01/2022

The Plaintiffs in Steele et al v. GTECH, have filed a response to the motion for summary judgment filed by GTECH (n/k/a IGT) in the Fun 5's lottery lawsuit pending in Austin, TX. GTECH is asking the trial court to dismiss the plaintiffs' claims based on the argument that the game's parameters were outlined in the Texas Register and the players should be deemed to have had knowledge of those parameters before they purchased their Fun 5's tickets....

The Plaintiffs in Steele et al v. GTECH, have filed a response to the motion for summary judgment filed by GTECH (n/k/a IGT) in the Fun 5’s lottery lawsuit pending in Austin, TX. GTECH is asking the trial court to dismiss the plaintiffs’ claims based on the argument that the game’s parameters ...

12/27/2021

Attorneys for the hundreds of plaintiffs who sued GTECH (n/k/a IGT) have filed their designation of expert witnesses with the trial court in Austin. The opinions of the experts who will testify at trial can be found in the following documents:

Attorneys for the hundreds of plaintiffs who sued GTECH (n/k/a IGT) have filed their designation of expert witnesses with the trial court in Austin. The opinions of the experts who will testify at trial can be found in the following documents:

12/15/2021

The legal teams for the players and for GTECH have begun preparing for the first Fun 5's bellwether trial in Austin scheduled for April 25, 2022. The lawsuit was filed by hundreds of Texas lottery players who were led to believe, by the instructions printed on the tickets, that they would receive a prize if their scratch-off lottery tickets revealed a Money Bag symbol....

The legal teams for the players and for GTECH have begun preparing for the first Fun 5’s bellwether trial in Austin scheduled for April 25, 2022. The lawsuit was filed by hundreds of Texas lottery players who were led to believe, by the instructions printed on the tickets, that they would receive ...

10/15/2021

The 201st Judicial District Court in Travis County, Texas has issued a Docket Control Order setting a series of deadlines for the first bellwether trial against GTECH, Inc. (n/k/a IGT) in the Fun 5's lawsuit. The Court has set a trial date of April 25, 2022, and has ordered the parties to participate in a settlement mediation on or before March 17, 2022....

The 201st Judicial District Court in Travis County, Texas has issued a Docket Control Order setting a series of deadlines for the first bellwether trial against GTECH, Inc. (n/k/a IGT) in the Fun 5’s lawsuit. The Court has set a trial date of April 25, 2022, and has ordered the parties to particip...

01/28/2021

The 201st Civil District Court in Travis County held a status conference today. Attorneys representing the plaintiffs, intervenors, and Defendant GTECH participated. Judge Amy Clark Meachum agreed with the attorneys that it makes sense to hold a series of "bellwether" trials instead of attempting to hold one trial for all plaintiffs at the same time. A trial of all plaintiffs at the same time would require plaintiffs from all over the state to travel to Austin for a trial that would likely last many months....

10/19/2019

The State of Texas filed an Amicus Brief yesterday in the Steele et al v. GTECH, Inc. case pending before the Texas Supreme Court. The Steele case is a lawsuit against the private company that operates the Texas lottery. Over 1,000 lottery players sued because they were led to believe by GTECH that they would win a prize if their Fun 5's scratch-off ticket revealed a Money Bag symbol. [ 52 more words ]

The State of Texas filed an Amicus Brief yesterday in the Steele et al v. GTECH, Inc. case pending before the Texas Supreme Court. The Steele case is a lawsuit against the private company that