Texas

  • February 21, 2020

    Insurers Win Bid To Arbitrate Hurricane Harvey Coverage Suit

    A group of foreign insurers including underwriters at Lloyd’s of London won a bid to force into arbitration a property owner's suit seeking coverage for Hurricane Harvey damage after a Texas federal court decided the insureds had failed to adequately show why their policy’s arbitration clause shouldn’t stand.

  • February 21, 2020

    Texas Atty's Vacated Forgery Conviction Makes Suit Timely

    The Texas Supreme Court determined Friday that an attorney whose conviction for forging a signature on a client’s will was vacated on the basis of ineffective assistance of counsel did not miss the deadline for bringing a malpractice suit against her criminal defense attorney.

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    Apple Urges Court To Slash $439M Loss As Justices Review It

    Just as the U.S. Supreme Court is considering whether to take up Apple's appeal of a $439 million infringement verdict, the tech giant told the Eastern District of Texas that it would be "exceedingly unjust" for the company to have to pay that sum over since-invalidated VirnetX patents.

  • February 21, 2020

    Rent-To-Own Stores Settle FTC Market-Splitting Charges

    The Federal Trade Commission said Friday that rent-to-own store operators Aaron's Inc., Buddy's Newco LLC and Rent-A-Center Inc. have agreed to stop using pacts that effectively divvied up geographic markets, but one commissioner called the outcome "clearly inadequate."

  • February 21, 2020

    Texas Justices Say Time Ran Out In Gun Range Shooting Suit

    The Texas Supreme Court on Friday freed a gun range employee from negligence claims for accidentally shooting a customer in the leg, ruling the customer had missed a 90-day statutory deadline for filing expert witness reports in his lawsuit.

  • February 21, 2020

    Buyers Sell Texas Justices On Broad Reading Of Royalty Sale

    The Texas Supreme Court ruled Friday a group of relatives sold off the entirety of their oil and gas interests on a tract of land, reversing a lower court ruling that the family had sold only an interest in a smaller segment of the property.

  • February 21, 2020

    Whataburger Fights EEOC Sanctions Bid In Hiring Policy Suit

    Whataburger Restaurants LLC hit back Friday at a sanctions request by the U.S. Equal Employment Opportunity Commission in a suit accusing the fast-food chain of retaliating against an employee who refused to comply with a directive to hire white job applicants, denying that it withheld relevant discovery documents.

  • February 21, 2020

    Veterans, Ex-Lawmakers Join 9th Circ. Border Wall Fund Fight

    Veterans, former lawmakers and ex-federal government officials have called on the Ninth Circuit to stop President Donald Trump from pulling defense funds to finance a border wall, warning that the funding diversion puts soldiers at risk and undermines Congress’ intent.

  • February 21, 2020

    5th Circ. Blocks Mississippi's 6-Week Abortion Ban

    The Fifth Circuit has ruled that Mississippi's ban on abortions after the detection of a fetal heartbeat — which could happen at six weeks — is unconstitutional, just two months after the appeals court upheld a block on the state's law prohibiting abortions after 15 weeks.

  • February 21, 2020

    Texas Justices Say Ebola Closure Suit Is Med Mal Claim

    A bridal shop that permanently closed after a visit from an Ebola-infected nurse can't sue the hospital where the nurse worked, after the Texas Supreme Court on Friday determined the dispute is a health care liability claim that requires expert testimony backing the store's claims.

  • February 21, 2020

    Texas Communities Challenge FERC Approval Of LNG Project

    Community and environmental groups are challenging the Federal Energy Regulatory Commission's approval of a liquefied natural gas project on the Texas Gulf Coast, claiming the agency ignored the project's pollution impacts on nearby and largely low-income Latino communities.

  • February 21, 2020

    Firm Immune In Destroyed Evidence Case, Texas Justices Say

    The Texas Supreme Court on Friday cut short claims that Quilling Selander Lownds Winslett & Moser PC's experts illegally destroyed key evidence in a wrongful death case, holding that attorney immunity protects the firm.

  • February 21, 2020

    Texas Justices Give Obstetrician New Trial In Malpractice Suit

    The Texas Supreme Court granted a new trial Friday to an obstetrician who was ordered to pay $2.7 million to the parents of a baby he delivered who suffered permanent nerve damage, ruling that the trial court wrongly influenced the jury’s decision.

  • February 21, 2020

    Ex-Husch Blackwell IP Partner Joins Dykema In Austin

    Dykema Gossett PLLC has brought on a former Husch Blackwell LLP partner with more than two decades of experience in patent law to its Austin office, the firm has announced.

  • February 21, 2020

    Greenberg Traurig's $65M Deal In Stanford Ponzi Suit OK'd

    A Texas federal judge on Friday gave his blessing to Greenberg Traurig's $65 million settlement of claims related to its alleged involvement in a $7 billion scheme run by convicted Ponzi scammer R. Allen Stanford.

  • February 21, 2020

    Health Hires: Davis Wright, Skadden, Holland & Knight

    Davis Wright Tremaine LLP nabbed two health care partners from Nelson Hardiman, Skadden Arps Slate Meagher & Flom LLP hired a former senior attorney at the U.S. Food and Drug Administration, and Holland & Knight has added a trio of partners from McDermott Will & Emery LLP and Clark Hill PLC, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena. 

  • February 20, 2020

    Activists Sue DOD Over PFAS Foam Burning Contracts

    The U.S. Department of Defense didn't run a proper environmental review before awarding contracts for burning millions of gallons of firefighting foam that could contaminate communities, several nonprofits claimed in a lawsuit in California federal court on Thursday.

  • February 20, 2020

    Decision Clarifying Patent Venue May Still Spur More Fights

    A Federal Circuit decision that the presence of Google servers in the Eastern District of Texas doesn't mean the company must face patent suits there makes clear that patent venue requires a human element, but could open the door to creative new arguments from plaintiffs, attorneys say.

  • February 20, 2020

    Secrets Theft Dulled Competitive Edge, Energy Trader Testifies

    Saracen LLC suffered unknowable financial damage and lost a major advantage after a former software developer allegedly sold a rip-off of its proprietary data analysis program to competitors, a supervisor at the company told a Houston federal jury Thursday in a $2.6 million trade secrets trial.

  • February 20, 2020

    Atty Accused Of Shaking Butt At Adversary Replaced

    Chevron Phillips Chemical Co. asked a Texas federal court on Thursday to put allegations of inappropriate butt-shaking by a BakerHostetler partner during a mediation in the "rearview mirror," saying it replaced its legal team to avoid bogging down the employment discrimination case.

  • February 20, 2020

    Peloton Says Flywheel Users Can Trade In After Patent Deal

    Studio cycling company Peloton is letting Flywheel customers trade in their bikes for a free Peloton bike when the rival shuts down its at-home virtual classes next month as part of their deal to drop a patent dispute, a Peloton spokesperson confirmed to Law360 Thursday.  

  • February 20, 2020

    KAIST Agrees To $203M Award In Samsung Patent Fight

    Samsung may be on the hook for $203 million in damages after the intellectual property arm of a South Korean research university told a Texas federal judge that it will take a lower figure rather than go through a new trial in its patent lawsuit against Samsung.

  • February 20, 2020

    ACA Penalty Isn't A Tax In Bankruptcy Cases, 5th Circ. Says

    The Affordable Care Act's individual mandate is not an excise tax entitled to priority treatment in bankruptcy proceedings, the Fifth Circuit said Thursday, reversing a district court's decision.

  • February 20, 2020

    Tribe's Alamo Restoration Suit Still Thin, Officials Say

    A Texas state commissioner and another official urged a federal judge Wednesday to reject a Native American tribal group's bid to revive a suit over its role in the Alamo's restoration, saying a revised complaint hadn't fixed the problems that led to the suit's dismissal last year.

Expert Analysis

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • How Montana Fossil Ruling Could Affect Oil And Gas Cos.

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    The Montana Supreme Court's forthcoming decision in Murray v. BEJ Minerals will determine whether dinosaur fossils found on a ranch should be legally considered minerals, but could also affect oil and gas producers because of its potential relevance to sand, fracking wastewater and other substances, says A.J. Ferate of Spencer Fane.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Universities Shouldn't Roll Dice On Sports Betting Compliance

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    As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

  • Bat Species Status Ruling Leaves Cos. Hanging

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    A D.C. federal court's recent overturning of the U.S. Fish and Wildlife Service's decision to list the northern long-eared bat as threatened rather than endangered creates regulatory uncertainty for those developing, constructing or operating projects within the species' range, say Brooke Wahlberg and Rebecca Barho of Nossaman.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 7 Legal And Business Considerations For Influencer Marketing

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    Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

  • Federal-State Employment Law Divide Reveals Systemic Flaw

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    The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.

  • Pa. Fracking Decision Leaves Trespass Question Open

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    In Briggs v. Southwestern Energy Production Co., the Pennsylvania Supreme Court has affirmed that fracked oil and gas belongs to whomever extracts it from the ground — but left open the potential for trespass actions when there is proof of physical invasion of the adjoining property, say attorneys with Saul Ewing.

  • MLB Sign-Stealing Report Demands Culture Of Compliance

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    Major League Baseball's report from the recent Houston Astros sign-stealing scandal reveals that MLB will hold operations management responsible for violations, even if they are not involved in the misconduct, say Christopher Conniff and Nick Macri of Ropes & Gray.

  • Getting State Approvals For Energy Storage Siting

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    Many state laws are still ambiguous about regulatory oversight of energy storage facility siting, so energy storage developers should consider proactively engaging with state regulators to determine whether they will assert jurisdiction, says Andy Flavin of Troutman Sanders.

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