⚖ Oral Arguments, with Context

A failed financing deal for a Texas pipeline contractor leads to a civil lawsuit over a criminal complaint. In 2015, Total Operating arranged half a million dollars in financing through Reticulum Management. William Dean was an officer of Total Operating. The money was not repaid as agreed, and litigation and arbitration followed. Fred Brown, acting for Reticulum, filed a criminal complaint against Dean over the transaction. Dean and Veritas Vincit later sued Brown, Charles Durham, and Birnam Wood, alleging malicious criminal prosecution and conspiracy. This is a civil damages claim, not the criminal prosecution itself. A jury awarded damages, and Birnam Wood and Durham are challenging that result. Meanwhile, the plaintiffs gained control of Reticulum through a bankruptcy sale. The district court dismissed Reticulum but allowed claims against the other defendants to proceed. The central questions are whether a genuine dispute remains and whether Brown can be held responsible for initiating a prosecution under Texas law. Meredith Parenti will argue for Birnam Wood and Durham that the plaintiffs' acquisition defeats the lawsuit. We hear Veritas Vincit v. Birnam Wood in the Fifth Circuit, argued October fifth, twenty twenty-six.

Veritas Vincit v. Birnam Wood (No. 25-40549) — U.S. Court of Appeals for the Fifth Circuit, argued October 5, 2026.