Case Results of Kevin Isern

Kevin represented a meat packing plant trying to get a TRO to get ICE to not invade their plant even though they lost.

A huge fire that burned over $1M panhandle acres and killed 12-13 people and they represented the 4 sixes ranch TCU has part of their royalties.

On April 16, 1996, The Oprah Winfrey Show broadcast a program entitled "Dangerous' Food" which included a segment on the dangers of E.coli from eating beef that is not fully cooked. The beef market suffered substantial losses following the broadcast, several Texas cattle ranchers sued Oprah Winfrey, the producers and distributors of the Oprah Winfrey Show, and Howard Lyman, a guest on the show, in Texas state court. The cattlemen alleged violations of the Texas False Disparagement of Perishable Food Products Act, Tex. Civ. Prac. Rem. § 96.001-.004 ("the Act"), and damages arising from the common-law torts of business disparagement, defamation, negligence, and negligence per se. The cattlemen's suit was removed to federal court. At the close of the cattlemen's case-in-chief, the district court culled the majority of the pending claims, saving only the business disparagement cause of action. This claim was rejected by the jury.

Plaintiffs Texas Beef Group, Perryton Feeders, Inc., Maltese Cross Cattle Company, Bravo Cattle Company, Alpha 3 Cattle Company, Paul F. Engler, Cactus Feeders, Inc., Cactus Growers Inc., and Dripping Springs Cattle Company sue Defendants Oprah Winfrey, Harpo Productions, Inc., and Howard Lyman alleging causes of action for: (1) False disparagement of perishable food products, in violation of Texas Civil Practice and Remedies Code Section 96.002; (2) common law business disparagement; (3) common law defamation; and (4) negligence and negligence per se.[1] The cause of action arises out of an Oprah Winfrey show taped on April 11, 1996, and aired on April 16, 1996, which included a segment on Bovine Spongiform Encephalopathy (BSE). Defendants contend that Plaintiffs failed to adduce evidence on at least one essential element of each cause of action. At the close of Plaintiffs' case, the Court granted judgment as a matter of law on all claims except common law business disparagement.