Dallas Austin

The COVID-19 pandemic has impacted empanelment of jurors and the presentation of evidence at trials. Courts in many jurisdictions across Texas and the United States have attempted to implement virtual trials, with Zoom being the most commonly used platform. But, what happens when technology interferes with effective questioning and selection of a jury or the presentation of evidence at trial?  What can a party do? One case which demonstrates the problem with Zoom trials is the case of Kinder Morgan Production Co. v. Scurry County Appraisal District.  Kinder Morgan was a taxation case i

Since the ill-fated Fyre Festival, the federal as well as state governments have grappled with what liability, if any, to assign to internet influencers.  The Texas Attorney General has recently decided to better define that liability by filing suit against the now-disgraced influencer Brittany Dawn Davis for misrepresenting fitness and nutrition plans she promoted and sold to Texans. In its lawsuit against Davis, Texas claims that Davis’s fitness plans violated the Texas Deceptive Trade Practices Act (DTPA), a broad consumer protection statute, and misled individuals with eating disorders.

On January 13, 2022, the United States Supreme Court stayed the vaccine mandate requiring all employers with 100 or more employees to ensure that their employees are vaccinated against COVID-19.  The highly anticipated ruling came after the Fifth Circuit Court of Appeals stayed enforcement of the mandate and the Sixth Circuit Court of Appeals then lifted the stay, requiring so-called “large” employers to comply with the mandate or face significant penalties.  The Supreme Court’s opinion continued the stay, eviscerating the mandate. The Supreme Court found that  the Department of Labor

The Biden Administration has taken several steps in the past two weeks to increase availability of COVID-19 tests and masks.  Aside from the much publicized free COVID test kits available from the government and N95 masks now being made available from local pharmacies and centers, private insurers are also required to pay or reimburse insureds for the cost of at-home tests. A day earlier than announced, on January 18, 2022, the Biden administration launched COVIDtests.gov – providing Americans free access to at-home COVID tests. With ordering 1 billion tests for distribution, the roll-out i

On January 3, 2022, after seven days of deliberation, a California jury found Elizabeth Holmes guilty of 4 of 11 counts related to her industry-disrupting blood testing technology and her company, Theranos.  The jury found her not guilty for defrauding patients, but guilty of more than half of the counts relating to defrauding investors.  Holmes is now subject to a sentence of up to 20 years in federal prison and a sizable fine. As a quick recap, Holmes started Theranos when she was 19 years old, after dropping out of Stanford. Her stated goal was to disrupt the conventional blood testing in

Between November 30, 2021 and December 22, 2021, four federal courts enjoined President Biden’s order that would have required federal contractors to have all their employees vaccinated against COVID-19.  One of the injunctions, issued by a Georgia federal court, applies to all 50 states, including Texas.  While further appeals are likely, for the time being, the vaccination requirement is not enforceable. The Seminal Questions The federal courts that have addressed the vaccine mandate have grappled with three very thorny questions: Did President Biden have the authority to issue the ma

Separate and aside from the legal travails of the vaccine mandate for federal contractors, the vaccine mandate for employers with 100 or more employees has been subject to numerous legal challenges, too.  For the time being, the vaccine mandate is in effect, though the US Supreme Court is scheduled to hear arguments later this month on its enforceability and constitutionality. At President Biden’s request, in November 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring employers with 100 or more employe