Texas

  • April 03, 2024

    NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX

    The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.

  • April 03, 2024

    Fed. Circ. Gets Lost In Intricacies Of Standing In Patent Law

    The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled."

  • April 03, 2024

    5th Circ. Remands Roof Tile Row To Texas District Court

    State Farm and a couple must further litigate whether there's coverage for hailstorm-related roof repairs under a policy provision covering costs to keep their home up to code, the Fifth Circuit ruled, finding a genuine factual dispute over whether replacement roof tiles interlock with original ones.

  • April 03, 2024

    Texas Backtracks At 5th Circ. On Extent Of Immigrant Arrest Law

    Texas' solicitor general denied that the state's controversial law aimed at arresting unauthorized immigrants would result in removing them, telling perplexed Fifth Circuit judges on Wednesday that they were wrong to have concluded the law likely encroaches on federal jurisdiction.

  • April 03, 2024

    Chubby Checker Boyhood Home To Sell In Ponzi Receivership

    The childhood home of acclaimed '60s rock-and-roller Chubby Checker will get a new owner after a Texas federal court found that a sale is in the best interest of a receivership in a $185 million alleged Ponzi scheme involving two precious metals dealers who swindled senior citizens.

  • April 03, 2024

    Trampoline Park Can't Arbitrate Injury Suit, Texas Panel Says

    A Texas appellate court has ruled a trampoline park operator can't force the parents of a child who broke their arm on its property to litigate personal injury claims since there is evidence the company never formed a contract with the family.

  • April 03, 2024

    Sen. Durbin Urged To Pass Legislation To Curb Judge Shopping

    A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of judge shopping through legislation and oversight because they believe more is needed beyond the Judicial Conference of the United States' latest action to curb "right wing" influence over the courts. 

  • April 03, 2024

    Houston-Area Indian Temple Accused Of Branding 11-Year-Old

    A Houston-area Indian temple has been hit with a lawsuit by a man who says his 11-year-old son was branded during a cultural ceremony without his consent.

  • April 03, 2024

    ITC To Pay $6.6M To DOJ, Texas Over 2019 Chemical Fire

    The owner of a chemical storage facility has agreed to pay more than $6.6 million in connection with natural resource damage stemming from a 2019 fire that burned for six days at a plant southeast of Houston, the U.S. Department of Justice announced Tuesday.

  • April 03, 2024

    EPA Faces Down Water Rule Challenge In Texas

    The federal government has asked a Texas federal judge to toss lawsuits filed by Texas, Idaho and more than a dozen industry groups challenging the U.S. Environmental Protection Agency and Army Corps of Engineers' rule defining the extent of the Clean Water Act's reach.

  • April 03, 2024

    5th Circ. Unsure Miners Can Escape Pecan Farm Flood Verdict

    Fifth Circuit judges on Wednesday suggested that the owner of an open gravel mine on the bank of the Colorado River could have a tough time in its bid to avoid responsibility for devastating flooding at a pecan farm across the river.

  • April 03, 2024

    Family Not 'Trespassers' In Revived Deck Collapse Suit

    A Texas appeals panel on Wednesday revived a family's claims against Silverleaf Resorts LLC and Holiday Inn Club Vacation Inc. over injuries from a deck collapse, finding the trial court was wrong to find they were trespassers as a matter of law.

  • April 03, 2024

    Kirkland Lands Former SEC Enforcement Leader In Dallas

    A former leader in the U.S. Securities and Exchange Commission's regional office in Fort Worth, Texas, has moved to Kirkland & Ellis LLP's Dallas office, the firm announced on Wednesday, strengthening Kirkland's government, regulatory and internal investigations practice group.

  • April 03, 2024

    Akin Adds Former Hunton Energy Leader In Houston

    Akin Gump Strauss Hauer & Feld LLP announced Wednesday that it has bulked up its Houston roster with a partner who previously led the energy transactions practice at Hunton Andrews Kurth LLP.

  • April 03, 2024

    Houston Firm Ditches Proposed Data Breach Class Action

    A Texas federal judge threw out a proposed class action accusing Fleming Nolen & Jez LLP of waiting a month to disclose a cyberattack that exposed more than 100 clients' protected health information, citing the lead plaintiff's admission that she didn't even know if any of her data was compromised.

  • April 02, 2024

    Bong Maker Says Texas Company Is Ripping Off Its Trademark

    A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court Monday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.

  • April 02, 2024

    Uber Seeks Exit From Texas Riders' Claims In Assault MDL

    Uber urged a California federal court Monday to toss Texas plaintiffs' claims in the multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assault, saying it can't be held responsible for the actions of individual drivers under Texas law.

  • April 02, 2024

    Gas Tycoon Owes $100M To UBS, Lenders After Trial Loss

    Energy titan Charif Souki owes more than $100 million to lenders, including a fund managed by a UBS division, a U.S. bankruptcy judge has ruled, rejecting Souki's claims that his lenders recklessly sold off collateral posted for the loan, including a luxury yacht, a Colorado ranch and shares of his liquefied natural gas export business Tellurian Inc.

  • April 02, 2024

    Connecticut Estate Withdraws Deadly Airbnb Blast Claims

    The estate of a woman who died two years ago after the stove in an Airbnb property in Jamaica erupted into a fiery blast has withdrawn a Connecticut lawsuit against both the online service and the Texas-based owner of the retreat, with the maneuver coming just days after the owner challenged jurisdiction in the state.

  • April 02, 2024

    3 Sentenced To Prison In Fla. Fake Nursing Diploma Case

    A Florida judge sentenced three people to federal prison time Tuesday after they were convicted for their roles in a multimillion-dollar fake nursing diploma scheme following a jury trial in December

  • April 02, 2024

    Utility Cos. Must Face Uri MDL Gross Negligence Claims

    Transmission and distribution utility providers can't escape allegations they were grossly negligent in cutting off power to Texans during winter storm Uri, a Texas state appeals court ruled Tuesday in an opinion that keeps intact only two claims against the companies in the multidistrict litigation created to handle consumer actions from the severe weather event.

  • April 02, 2024

    Tesla Pushed On La. Antitrust Claims In 5th Circ.

    Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.

  • April 02, 2024

    Fed. Circ. Seems Ready To Revive Amarin's Skinny Label Suit

    A Federal Circuit panel seemed wary Tuesday of a Delaware federal judge's decision to throw out Amarin Pharma Inc.'s infringement suit over Hikma Pharmaceuticals USA Inc.'s limited-use version of the blockbuster cardiovascular drug Vascepa, suggesting the district court may have been too hasty.

  • April 02, 2024

    USPTO Targeted In Brothers' Patent Litigation Campaign

    Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.

  • April 02, 2024

    Frost Bank Customers Sue Over 'Crippling' Overdraft Fees

    Customers of Texas-based Frost Bank filed a putative class action in federal court Monday accusing the regional bank of illegally charging "crippling" overdraft fees on transactions that didn't actually exceed their account balances.

Expert Analysis

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • What Businesses Should Know About NJ Privacy Bill

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    New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

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