Texas

  • November 13, 2019

    Southwest, Boeing Can't Duck Max 8 Suit, Passengers Say

    Southwest Airlines passengers have accused the carrier and Boeing of using a red herring argument in an attempt to dodge claims they colluded to keep 737 Max 8 jets flying when they knew about defects that caused two deadly crashes.

  • November 13, 2019

    Texas Pushes Back Against DOJ In Grid Project Law Case

    Texas has defended a recently enacted state law that dictates only incumbent transmission companies can build new power lines that connect to their existing systems, pushing back against arguments from the U.S. Department of Justice that the law discriminates against out-of-state entities.

  • November 13, 2019

    Texas Judge Indicted For Wire Fraud Suspended Without Pay

    A state district court judge in Houston was suspended Tuesday without pay by the State Commission on Judicial Conduct, four days after pleading not guilty to federal charges she used campaign funds for personal expenses.

  • November 13, 2019

    5th Circ. Won't Rehear $298M Verdict Against Mortgage Cos.

    The Fifth Circuit declined to revisit a $298 million judgment arising from federal loan insurance fraud during the mortgage crisis, after two mortgage loan companies claimed the original appeals panel twisted a causation standard.

  • November 13, 2019

    Nabors Inks $1.2M Deal To End EEOC Race Harassment Case

    Nabors Corporate Services Inc. has agreed to pay $1.2 million to settle the U.S. Equal Employment Opportunity Commission’s suit claiming black workers were harassed with racial slurs and that the oil field services company punished employees who complained about the abuse.

  • November 13, 2019

    Fracking Co. Says Fraud In Patent Suit Negates Atty Privilege

    A Texas fracking contractor asked a federal court to boot a rival company’s attorneys from serving as trial counsel in a patent infringement suit and force them to turn over privileged emails, claiming the pair were witnesses to an alleged patent fraud scheme related to the case.

  • November 13, 2019

    IRS Summons Violates Atty-Client Privilege, 5th Circ. Told

    A law firm suspected of helping facilitate tax evasion has doubled down in its bid to avoid disclosing the names of its clients to the IRS, telling the Fifth Circuit that complying with the summons would violate attorney-client privilege.

  • November 13, 2019

    Reality TV Real Estate Agent Can't End Students' Fraud Suit

    A real estate investor made famous by A&E’s television series "Flip This House" waited too long to try to use a Texas free speech law to end a lawsuit by 423 disgruntled students alleging his seminars and investment lessons were a fraud, a Texas appellate court ruled Wednesday.

  • November 13, 2019

    Target Says Attorney Destroyed Evidence In Civil Rights Case

    Target is asking a Texas federal judge to sanction a Houston-based immigration attorney for destroying key evidence in a discrimination case she filed against the retailer.

  • November 13, 2019

    Spinal Implant Maker Files Ch. 11 Over Development Debt

    Texas medical implant maker Nuvectra Corp. has filed for Chapter 11 protection, saying it needs to deal with the “substantial debt” it took on developing and marketing its products.

  • November 12, 2019

    Amazon Tells Patent Holder It Can't Go After Best Buy

    Amazon.com Inc. filed suit Monday against a Texas company that's accusing Best Buy of patent infringement for selling Amazon Fire Series tablets, slamming the litigation as "meritless" and arguing that any dispute over Amazon technology must be taken up with the online retail giant itself.

  • November 12, 2019

    Feds Fight Texas Doc's New Trial Bid In $40M Kickback Row

    A Texas surgeon convicted for his role in a $40 million kickback scheme to steer patients to a Dallas hospital came up short in his bid for a new trial, prosecutors told a Texas federal judge, saying he can’t show how the anti-kickback statute was unconstitutionally vague.

  • November 12, 2019

    Amazon Asks For Redo In $2.5M Shipping Stiffing Case

    Amazon on Monday requested a new trial after it was hit with a $2.47 million verdict for failing to pay a shipping company, claiming the Washington federal judge presiding over the case provided jurors with a de facto verdict before deliberation started.

  • November 12, 2019

    5th Circ. Says $950K Death Payment Lets Insurer Off Hook

    The Fifth Circuit has affirmed a lower court's ruling that an insurance company needn't defend a suit over the electrocution death of a drilling company worker, saying it fulfilled its obligations under the relevant policy when it paid the worker's parents $950,000.

  • November 12, 2019

    Texas Real Estate Firm Looks To Stop Co. From Using Name

    Commercial real estate company Stockdale Investment Group asked federal jurors in Houston on Tuesday to stop another company from using its name, arguing it has caused confusion in the marketplace and could wreck the reputation of the family who built the company 30 years ago.

  • November 12, 2019

    Justices Tilting Toward Border Agent Who Killed Mexican Teen

    The U.S. Supreme Court on Tuesday appeared wary of allowing the parents of a Mexican teen fatally shot along the U.S.-Mexico border to sue the border agent who killed him.

  • November 12, 2019

    3 Firms Guide Deals For New Ironwood Midstream Co.

    Ironwood Midstream Energy Partners said Tuesday that a newly formed affiliate received a $400 million investment commitment and will acquire two midstream assets in deals shaped by Gibson Dunn & Crutcher LLP, Shearman & Sterling LLP and Sidley Austin LLP.

  • November 12, 2019

    Texas Enviro Agency Slammed Over English-Only Meetings

    Environmental justice advocates on Tuesday accused the Texas Commission on Environmental Quality of violating the civil rights of Spanish speakers by publicizing meetings only in English and failing to provide interpreters, and asked the agency to change its rules.

  • November 12, 2019

    Texas Judge Says 'Too Draconian' To Toss $63M Investor Suit

    A federal judge in Texas has trimmed a lawsuit brought by jilted creditors seeking to collect on a $63 million judgment against a real estate investment company, while holding that tossing the entire lawsuit would be “too draconian, unduly prejudicial to plaintiffs and unwarranted.”

  • November 12, 2019

    MDC Energy Hearing Paused For Talks On Ch. 11 Funding

    The first-day hearing in the Chapter 11 cases of oil and gas driller MDC Energy LLC and its affiliates will resume Friday after a Delaware judge said Tuesday the debtors and their secured lenders should discuss how the cases will be funded as litigation over control of the bankruptcy looms.

  • November 12, 2019

    Expert Report Backs Case Against Doc, Texas Justices Told

    A Texas patient who claims a doctor's approval of his early hospital discharge from gallbladder surgery led to him breaking his ankle at home has asked the Texas Supreme Court to reinstate his case, saying that his expert's report was good enough to keep it alive.

  • November 12, 2019

    Too Late To Fight Venue In $2.1M Atty Fee Suit, 3rd Circ. Told

    Texas law firm Danziger & De Llano LLP urged the Third Circuit Tuesday to undo a lower court's finding that its $2.1 million referral fee row with Ohio whistleblower firm Morgan Verkamp LLC doesn't belong in Pennsylvania, arguing that the boutique's jurisdictional challenge came way too late to stand.

  • November 12, 2019

    Stockbridge Bets On E-Commerce With 17-Property Purchase

    Stockbridge said Tuesday it had purchased 8.7 million square feet of industrial logistics properties, positioning the real estate investor to take advantage of the growing e-commerce industry.

  • November 12, 2019

    No Vote Thurs. For 5th Circ. Pick Opposed By GOP Sens.

    A Fifth Circuit nominee opposed by several GOP senators was left off the list of judicial picks eligible for a committee vote this week at the White House's request, suggesting that U.S. District Judge Halil S. Ozerden has lost his opportunity for elevation.

  • November 12, 2019

    Milk Producer Dean Foods Files Ch. 11 Amid Sale Talks

    Dean Foods, one of the largest milk producers in the U.S., filed for Chapter 11 in a Dallas bankruptcy court Tuesday, saying it is seeking an asset sale to escape problems brought on in part by falling milk consumption and unfunded pension obligations.

Expert Analysis

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Revised USPTO Trial Practice Guide Leans Pro-Patent Owners

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    The U.S. Patent and Trademark Office recently released its updated Trial Practice Guide, which includes several policy changes that tip the scales toward patent owners and make the PTAB less attractive than district courts for litigating patent validity, says Brian Berliner of O’Melveny.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Legislative Trends May Kill Texas Employer Cannabis Tests

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    Following recent legislative developments — such as a Texas law that expands patient access to medical marijuana and proposed amendments to the federal Controlled Substances Act — many Texas employers are questioning whether to continue cannabis testing because it has become somewhat problematic, says Stephen Roppolo at Fisher Phillips.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Can Business Conduct Establish A Partnership In Texas?

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    After hearing arguments last month, the Texas Supreme Court is poised to decide whether Energy Transfer Partners and Enterprise Products Partners entered into a partnership based on their conduct and statements. The case emphasizes the need to draft preliminary agreements carefully, says Ladd Hirsch of Winstead.

  • 4 Keys To Defending E-Cig Battery Explosion Cases

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    As personal injury claims related to exploding lithium-ion batteries in vaping devices increase, defendants must understand the challenges facing both sides to increase the chance of avoiding liability, say Edward Abbot and David Freed of Hawkins Parnell.

  • Opinion

    Trump Adviser's Influence Should Sound Alarm In DACA Case

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    Next week, the Trump administration goes before the U.S. Supreme Court to support its cancellation of the Deferred Action for Childhood Arrivals program, but the troubling record of immigration adviser Kris Kobach should raise concerns about how legally sound the administration’s case will be, says Liz Mair of Mair Strategies.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • State Net

    Data Privacy Laws, Hackers Put Cyber Insurance In Spotlight

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    The California Consumer Privacy Act and other state data privacy laws have not only motivated companies to rethink how they manage consumer data — they also have many organizations thinking more than ever about cyber insurance coverage, says Rich Ehisen of State Net Capitol Journal.