Texas

  • June 28, 2024

    Texas Justices Scrap $26M Verdict In Honda Seat Belt Suit

    The Texas Supreme Court on Friday handed American Honda Motor Co. Inc. a post-trial win, vacating a $26 million verdict for a woman who was paralyzed after a crash in 2015, saying the evidence she presented was not enough to rebut a presumption of nonliability under Texas law.

  • June 28, 2024

    Consulting Co. Says Rivals Merged Despite Promising Not To

    A software consulting company seeking to block a merger between two competitors alleged in a suit in Colorado state court that the rivals have shown "blatant disregard" for a noncompete pact brokered during earlier talks to combine all three companies.

  • June 28, 2024

    Texas Judge Who Axed DACA To Retire In January 2025

    U.S. District Judge Andrew S. Hanen — a controversial Republican appointee best known for twice ruling against President Barack Obama's Deferred Action for Childhood Arrivals immigration policy — has announced that he will take senior status on Jan. 2, 2025, allowing the next president to name his replacement.

  • June 28, 2024

    Verizon Hit With $847M Patent Verdict In EDTX

    An Eastern District of Texas federal jury on Friday said Verizon should pay $847 million for infringing two General Access Solutions wireless network patents, providing the patent owner with the full relief it requested.

  • June 28, 2024

    5th Circ. Tosses Texas Health System's COVID-19 Suit

    The largest nonprofit health system in Texas cannot get coverage for COVID-19-related business interruption losses it said totaled over $192 million, the Fifth Circuit affirmed, highlighting previous circuit precedent establishing that COVID-19 does not cause "physical loss or damage."

  • June 28, 2024

    Nixed Purdue Ch. 11 Plan May Leave States Ready For A Fight

    State attorneys general across the country could be gearing up for more opioid-related litigation against the Sackler family after the U.S. Supreme Court wiped out a $5.5 billion third-party release for the owners of bankrupt drugmaker Purdue Pharma LP, experts told Law360.

  • June 28, 2024

    Litigation Pro Joins Bradley Arant From Houston Boutique

    Bradley Arant Boult Cummings LLP has strengthened its litigation practice in Texas with a partner who came aboard from Houston corporate law firm BoyarMiller.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 27, 2024

    4 Firms Guide Pair Of IPOs Totaling $457M

    Venture-backed drug developer Alumis Inc. and oil-land acquirer LandBridge LLC on Thursday priced initial public offerings, raising a combined $456.5 million, under the guidance of four law firms.

  • June 27, 2024

    Texas Bank Moves For Partial Win In Ginnie Mae Loan Suit

    Texas Capital Bank told a federal judge that it's entitled to tens of millions of dollars in collateral on which it has a first-priority lien that it said Ginnie Mae wrongfully diverted to itself, and that the court has already addressed the issue that warrants partial summary judgment in its favor.

  • June 27, 2024

    DOJ Defends Transport Monopoly Charges In Antitrust Case

    Federal prosecutors have opposed an accused conspirator's bid to dismiss charges against him in an antitrust case claiming he's one of a dozen individuals who monopolized cross-border sales of used vehicles and other goods from the U.S. to Central America through violence.

  • June 27, 2024

    Paxton Attys To Testify In Federal Probe, 5th Circ. Indicates

    A federal grand jury impaneled to weigh Texas Attorney General Ken Paxton's alleged abuses of office is set to continue hearing witness testimony next week, a recently published Fifth Circuit opinion indicates.

  • June 27, 2024

    Texas DAs Escape Defendant Class Cert. In Abortion Case

    A Texas federal judge on Wednesday rejected a bid to force state prosecutors to become a certified class of defendants in a suit aimed to curb retaliation against advocates who help women get an abortion outside the state, saying there was no risk of varying adjudications.

  • June 27, 2024

    Split FERC Approves La. LNG Export Terminal

    A divided Federal Energy Regulatory Commission gave the green light to a massive liquified natural gas export terminal in Louisiana during its monthly meeting Thursday, with departing Democratic Commissioner Allison Clements criticizing the agency for not adequately addressing the project's impacts.

  • June 27, 2024

    Parole Challenge Ruling Was 'Error Twice Over,' 5th Circ. Told

    A Texas-led coalition of states told the Fifth Circuit on Wednesday that a cost-benefit analysis a trial court considered before allowing a new Biden administration migrant parole program to continue is "error twice over," writing that such calculations are not for the court to make when it evaluates standing.

  • June 27, 2024

    Chancery Orders Hearing On Musk's Texas Pay Ratification

    Delaware's Chancellor on Thursday ordered arguments on the effect of Tesla Inc.'s latest ratification of a multibillion-dollar stock-based compensation award for CEO Elon Musk but separated the session from a July 8 hearing on fees for class attorneys who won an order voiding Musk's earlier pay award.

  • June 27, 2024

    SEC Says It Met Its Burden To Apply Dealer Rule To Crypto

    The U.S. Securities and Exchange Commission told a Texas federal judge that the agency has met its burden to explain how its expanded definition of "dealer" applies to the crypto industry, urging the court to cut through an industry challenge.

  • June 27, 2024

    Live Nation Tries To Push DOJ's Antitrust Suit Out Of NY

    Counsel for Live Nation Entertainment and subsidiary Ticketmaster on Thursday told a skeptical Manhattan federal judge that the U.S. Department of Justice's antitrust case belongs in D.C. federal court, where the green light was given for the companies' 2010 merger.

  • June 27, 2024

    Judge Tosses Claims Against Cowboys' QB In Extortion Case

    A countersuit by the woman sued by Dallas Cowboys quarterback Dak Prescott for extortion and defamation over her claim that he sexually assaulted her was dismissed on Thursday by a Texas state judge who said the woman's allegations have "no basis in law.''

  • June 27, 2024

    Texas Co. Says Mexican Utility's Award Should Stay Private

    An Austin-based infrastructure company has urged a Texas federal court to toss litigation filed by Mexico's state-owned electric company as the power utility looks to publicize an arbitration award between them over a natural gas supply contract, saying the award should remain under wraps.

  • June 27, 2024

    Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11

    The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.

  • June 27, 2024

    GoodPop Says Rival Misleads With '100% Real Fruit' Claim

    The makers of GoodPop popsicles sued rival Jonny Pops LLC on Thursday, saying that despite Jonny Pops advertising its products as being made with "100% real fruit" and healthy "simple ingredients," the pops are mostly water and added sugar well beyond what is healthy for children or adults.

  • June 27, 2024

    DOL Says It Put Salary Levels In OT Carveout Since 1938

    The U.S. Department of Labor told a Texas federal court it included a minimum salary aspect in executive, administrative or professional rules since the Fair Labor Standards Act's inception, arguing a marketing firm doesn't have the basis to halt a final overtime rule.

  • June 27, 2024

    Whole Foods, Hain Want Full 5th Circ. Review Of Baby Food Suit

    Whole Foods Market Inc. and Hain Celestial Group Inc. are urging the full Fifth Circuit to review a decision remanding a suit against them alleging Hain's baby food caused the mental and physical decline of a toddler, saying the panel ignored both Fifth Circuit and Supreme Court precedent to remand the case after a final judgment in federal court.

  • June 27, 2024

    Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit

    A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.

Expert Analysis

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Timing Is Key For Noninfringing Alternatives In Patent Cases

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    A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 2 Recent Suits Show Resiliency Of Medicare Drug Price Law

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    Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • A Look At Recent Challenges To SEC's Settlement 'Gag Rule'

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    Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Untangling The Legal Complexities Of Trade Secrets And AI

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    With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.

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