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John Council

John Council

Senior reporter John Council is a native Texan who covers litigation and appellate courts in his home state. Contact him at [email protected]. On Twitter: @john_council

December 26, 2018 | Texas Lawyer

Fifth Circuit Blocks Pro Se Lawyer's Attempt to Collect Attorney Fees in FOIA Request Cases

The decision concerns Michael W. Gahagan, a Louisiana attorney who requested documents from the U.S. Department of Justice, the U.S. Department of Homeland Security and the U.S. Immigration and Customs Enforcement to assist clients and for personal reasons.

By John Council

4 minute read

December 21, 2018 | Texas Lawyer

Sanctioned Dallas Divorce Lawyer Can Go After Client for Fees, Court Rules

Weeks after a Texas Appeals Court affirmed sanctions against a Dallas lawyer for attempting to reopen a couple's divorce case to recover his attorney fees, the court has issued a separate decision allowing the same lawyer to pursue a contract claim against the former client.

By John Council

6 minute read

December 20, 2018 | Texas Lawyer

Appellate Lawyer of the Week: Lewis Brisbois Lawyer Gets $12.7M Business Fraud Verdict Reversed

Houston attorney Sean Higgins says with pride that none of his clients have ever paid a jury verdict, so much so that he advertises that claim on his law firm's website.

By John Council

4 minute read

December 19, 2018 | Texas Lawyer

Claim That Driver's 'Neurobiological Response' to iPhone Text Caused Fatal Wreck Rejected at 5th Circuit

The U.S. Court of Appeals for the Fifth Circuit has a rejected a products liability claim against Apple alleging that a woman's neurobiological response to looking at a text message on her iPhone 5 while behind the wheel was the cause of a car crash that killed two people and paralyzed a child.

By John Council

4 minute read

December 19, 2018 | The Recorder

Court Rejects Claim That Driver's 'Neurobiological Response' to iPhone Text Caused Fatal Wreck

A federal appellate court has rejected a products liability claim against Apple alleging that a woman's neurobiological response to looking at a text message on her iPhone 5 while behind the wheel was the cause of a car crash that killed two people and paralyzed a child.

By John Council

4 minute read

December 19, 2018 | Litigation Daily

Court Rejects Claim That Driver's 'Neurobiological Response' to iPhone Text to Blame for Fatal Crash

A federal appellate court has rejected a products liability claim against Apple alleging that a woman's neurobiological response to looking at a text message on her iPhone 5 while behind the wheel was the cause of a car crash that killed two people and paralyzed a child.

By John Council

4 minute read

December 18, 2018 | The Recorder

San Francisco Jury Rejects $500M Antitrust Claims in Ramen Price-Fixing Case

After a five-week trial, a federal jury in San Francisco issued a defense verdict in a $500 million antitrust class action filed against two South Korean companies accused of conspiring to fix the price of ramen noodles in the United States.

By John Council

2 minute read

December 18, 2018 | Litigation Daily

San Francisco Jury Rejects $500M Antitrust Claims in Ramen Noodles Price-Fixing Case

After a five-week trial, a federal jury in San Francisco issued a defense verdict in a $500 million antitrust class action filed against two South Korean companies accused of conspiring to fix the price of ramen noodles in the United States.

By John Council

2 minute read

December 18, 2018 | Texas Lawyer

5th Circuit Vacates Trucker's Immigrant-Smuggling Conviction After Government Witnesses Don't Show for Trial

In a divided opinion, the U.S. Court of Appeals for the Fifth Circuit has reversed the alien-smuggling conviction of a trucker because he wasn't allowed to confront two undocumented immigrant witnesses who testified for the government via videotape but couldn't be located in Mexico to appear for trial.

By John Council

5 minute read

December 17, 2018 | Texas Lawyer

Judge Revives Retaliation Claim Against Houston Housing Authority by Former General Counsel

A federal judge has allowed the former general counsel of the Houston Housing Authority to pursue a whistleblower claim against the authority alleging that she was terminated from her position after uncovering systemic fraud within a veteran's housing program.

By John Council

4 minute read