Texas

  • January 17, 2020

    Texas High Court Takes Up Concrete Rival Defamation Case

    The Texas Supreme Court announced Friday it would review a South Texas concrete block manufacturer's argument that a $2 million defamation verdict was based on speculative damages estimates from its rival's expert witness.

  • January 17, 2020

    Pulling Up Stakes: Sidley, Baker Botts, Hogan Lovells

    In our latest roundup of deal-makers on the move, Sidley Austin snagged a private equity pro from Linklaters for its Singapore office, Baker Botts bolstered its media and telecommunications practice and Hogan Lovells added a veteran capital markets practitioner in London.

  • January 17, 2020

    Pa. Law Excuses 3rd-Party Driller From Worker’s Death Suit

    A Pennsylvania drilling company can't be pulled into the wrongful-death lawsuit over a worker killed by a falling piece of equipment because the law of the state where he died gave immunity to employers and trumped the Texas law chosen in a contract between the driller and its equipment provider, a Pittsburgh federal judge ruled Thursday.

  • January 17, 2020

    Texas Justices Won't Review Frack Co.'s Atty Malpractice Suit

    The Texas Supreme Court on Friday denied a fracking equipment leasing company's bid for the justices to review whether the business waited too long to sue an attorney who allegedly drafted a deal that effectively allowed company items to be seized.

  • January 17, 2020

    Energy Co. To Ask 5th Circ. For Arbitration In Trade Secret Suit

    Newfield Exploration Co. will ask the Fifth Circuit to undo a ruling that it can't arbitrate a $40 million trade secrets dispute brought by an energy-industry waste management company.

  • January 17, 2020

    Texas High Court Passes On Appeal Against Beyoncé's Dad

    The Texas Supreme Court declined Friday to consider an appeal in a dispute between Matthew Knowles, father of pop superstar Beyoncé, and Knowles' former attorney, who allegedly overcharged Knowles for shoddy work.

  • January 17, 2020

    Law360's Tort Report: Meat Loaf’s Suit Out Of Hell

    A $24 million jury verdict in a suit over a newborn’s brain injury and singer Meat Loaf’s suit against Hyatt over a horror convention injury lead Law360’s Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • January 17, 2020

    BB&T Escapes Ex-Employee's FMLA Claim, For Now

    Branch Banking and Trust Co. dodged a Family Medical Leave Act claim Thursday in a wrongful termination suit brought by a former employee who had requested paternity leave, after a Texas federal judge found that the plaintiff was not actually eligible for FMLA benefits.

  • January 17, 2020

    Riddell Can't Dodge High School Football Player's Death Suit

    A Texas federal judge said helmet maker Riddell Inc. must face a lawsuit alleging that its football helmets were defective and led to the death by suicide of a former high school football player, rejecting the company's arguments that the player's mother filed the suit too late. 

  • January 17, 2020

    Firms Eye Growing Startup Scene In Texas ‘Silicon Hills’

    Attorneys who work with emerging companies are seeing continued growth in Texas’ startup scene, a trend that’s bringing in new business and catching firms’ eyes.

  • January 16, 2020

    Chinese Maker Of 'Defective' Pipe Can't Be Sued In Texas

    A company that purchased allegedly defective steel pipe originating from a Chinese manufacturer and then sold that pipe to Baker Hughes can't sue the Chinese company in Texas courts, an appellate court ruled Thursday, rejecting arguments that the manufacturer had enough Texas ties to allow the state's courts to hear the dispute.

  • January 16, 2020

    Highland Capital Says Ch. 11 Trustee Worst Possible Option

    Bankrupt investment firm Highland Capital Management told a Texas judge late Wednesday that the appointment of a Chapter 11 trustee to manage the debtor during its bankruptcy case would be the worst possible option in the proceedings and is unnecessary given recent changes in the company's oversight.

  • January 16, 2020

    Texas Atty Who Hid Client's Death Stuck In Malpractice Suit

    A Houston attorney who last week lost a bid to escape a professional misconduct suit over his failure to disclose the death of a client to the other attorneys or judge can't end a malpractice suit brought by the client's sons either, a Texas appellate court said Thursday.

  • January 16, 2020

    Tribe Loses Bid To Declare Rights Over 112 Acres In El Paso

    A Texas federal judge has dismissed a suit by a federally recognized Native American tribe against El Paso that sought a declaration that the tribe owns nearly 112 acres the city uses for parkland and public entities. 

  • January 16, 2020

    Feds Fight To Keep $122M Suit Against Texas Hospital

    The federal government has urged a judge in Texas to keep alive its $122 million fraud lawsuit alleging an Austin-area hospital and a group of executives lied to the U.S. Department of Housing and Urban Development in order to get a loan to build the hospital, arguing the allegations are not vague “shotgun pleadings.”

  • January 16, 2020

    5th Circ. Says Staffing Co. Can Pursue Race Bias Suit

    The Fifth Circuit revived a racial discrimination lawsuit brought by White Glove Staffing Inc. against a Dallas hospital, saying the staffing agency doesn't need to have a corporate racial identity under federal law to pursue claims the hospital preferred Hispanic workers to black workers.

  • January 16, 2020

    Ex-Air Force Staffer, Contractor Indicted Over Bribery Scheme

    Defense training contractor QuantaDyn and a former U.S. Air Force employee have been indicted in Texas federal court over an alleged bribery scheme to steer more than $100 million in federal contracts to the company, the U.S. Department of Justice announced.

  • January 16, 2020

    Senate Sends North America Trade Deal To Trump

    The Senate approved President Donald Trump's updated North American trade pact in a bipartisan 89-10 vote Thursday, more than a year after negotiations with Mexico and Canada concluded.

  • January 15, 2020

    5th Circ. Says BP Must Pay Walmart $15M For Oil Spill Losses

    The Fifth Circuit ruled on Tuesday that a lower court was right to refuse to take up BP PLC's challenge to Walmart's bid to collect $15 million from a settlement program linked to the 2010 explosion and spill aboard BP's Deepwater Horizon oil rig in the Gulf of Mexico.

  • January 15, 2020

    5th Circ. Calls Gender Pronoun Orders A 'Quixotic' Task

    Granting requests from transgender litigants to change court records to reflect their preferred names and pronouns would be a "quixotic undertaking" that could call into question judges' impartiality, a divided Fifth Circuit said Wednesday.

  • January 15, 2020

    5th Circ.'s ACA Punt Gets Lambasted At Supreme Court

    The Fifth Circuit on Wednesday came under withering fire from health care trade groups and bipartisan economic scholars at the U.S. Supreme Court for ducking a decision on the Affordable Care Act's constitutionality.

  • January 15, 2020

    Restaurants Unlimited's Ch. 11 Plan Disclosure Gets Approval

    Casual eatery operator Restaurants Unlimited Inc.'s Chapter 11 plan disclosure statement received court approval Wednesday in Delaware without objection, with an attorney for the debtor saying it provides enough information for affected creditors to vote on the plan.

  • January 15, 2020

    5th Circ. Tells FWS It Must Rethink Denial Of Warbler Delisting

    The Fifth Circuit on Wednesday ruled the U.S. Fish and Wildlife Service applied an "inappropriately heightened" legal standard in denying a petition to delist the golden-cheeked warbler as an endangered species, ordering the agency conduct a one-year review to determine if the Texas songbirds are still under threat.

  • January 15, 2020

    5th Circ. Says Mitigation Not 'Complete Defense' In IP Row

    The publisher of an energy industry newsletter will get another chance to collect damages in a copyright infringement dispute with Kayne Anderson Capital Advisors LP, after the Fifth Circuit on Wednesday determined a jury had been wrongly instructed about how efforts to mitigate the damage should have been taken into account.

  • January 15, 2020

    LifeCare's Ch. 11 Liquidation Plan Gets Consensual OK

    The Chapter 11 plan for liquidating former hospital facility owner LifeCare Holdings LLC received court approval Wednesday in Delaware after debtor attorneys said the confirmation order was being presented on a fully consensual basis.

Expert Analysis

  • Opinion

    MLB Must Punish Houston Astros Players To Restore Integrity

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    In his report on the Houston Astros sign-stealing scandal, Major League Baseball Commissioner Rob Manfred acknowledged that the cheating was driven by players, yet he did not publish any of them — for reasons that seem fatuous at best, says Ronald Katz of GCA Law Partners.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • State Net

    Obamacare Clings To Life As States Expand Medicaid

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    While the Affordable Care Act faces new court challenges, the public's growing support for the law and states' increasing interest in its Medicaid expansion option suggest it may have political staying power, says Lou Cannon of State Net Capitol Journal.

  • FIRREA Remains Potent Civil Fraud Enforcement Tool

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    Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.

  • Bias Case Gives Justices Chance To Rethink Title VII

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    If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • A Wide Range Of Legal Priorities For Tribes In 2020

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    This year, Indian Country faces a number of critical policy and legal issues that must be addressed to protect tribal sovereignty, with key developments to watch for in all three branches of government, say attorneys at Akin Gump.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 5th Circ. Ultra Petroleum Ruling Poses Key Debtor Question

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    Given the legal and economic significance of what constitutes a claim for "unmatured interest" following the recent Fifth Circuit decision in Ultra Petroleum v. Ad Hoc Committee of Unsecured Creditors, debtors and creditors around the country will likely watch closely how the Southern District of Texas bankruptcy court addresses the issue on remand, say attorneys at Mayer Brown.

  • 2019 Trends In DOJ Health Care Enforcement

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    Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

  • Rodeo Ruling Clarifies Atty Conflict Rules In Derivative Suits

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    While the Texas Supreme Court's recent decision not to disqualify Kelly Hart & Hallman's representation of owners of the Billy Bob's Texas rodeo in a dispute over control of the business is noteworthy, its clarification on firms' conflicts of interest in derivative cases is the more important point, says former Texas Court of Appeals Justice Douglas Lang, of Dorsey & Whitney.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Fed. Circ. Patent Decisions In 2019: An Empirical Review

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    Statistical analysis of last year's Federal Circuit patent cases reveals overall similarities to the previous two years, but with an increase in inter partes reviews and affirmances and a decline in patent owners' success rates, says Dan Bagatell of Perkins Coie.