Texas

  • March 5, 2015

    Feds Seek Quick Ruling On Bid To Stay Immigration Order

    Federal attorneys on Wednesday urged a Texas federal judge to rule by Monday on the government’s request to stay an order blocking President Barack Obama’s deportation relief policies, saying they might file another Fifth Circuit appeal if he doesn’t.

  • March 5, 2015

    Prosecutors Trim Bribery Charges Against Ex-Texas Judge

    Federal prosecutors reduced charges against a former Texas state court judge accused of taking bribes in exchange for favorable rulings against criminal defendants, according to a superseding indictment filed Wednesday.

  • March 5, 2015

    Texas Court Remands $38M Jet Dispute Over Harsh Sanction

    A Texas appeals court on Wednesday reversed a $38 million judgment in a dispute over the finish-out of luxury jets, holding that a trial judge erred by imposing "death penalty sanctions" that barred defendants from presenting affirmative defenses at trial.

  • March 5, 2015

    Chesapeake Faces Opposition In Barnett Shale Royalty MDL

    The city of Fort Worth, Union Pacific Railroad and dozens of businesses and families who allege Chesapeake Energy Corp. cheated them out of royalties this week told a multidistrict litigation panel their cases shouldn’t be lumped in with a raft of new royalty suits.

  • March 5, 2015

    Steel Co. Lied To Baker Hughes To Make Sales, Suit Says

    Steel manufacturing company Yangzhou Chengde Steel Pipe Co. Ltd. lied about defective parts that were eventually sold to Baker Hughes and caused its distributor Continental Alloys & Services Inc. to settle a $5.27 million arbitration claim with the oilfield services giant, according to a complaint filed in Harris County district court.

  • March 5, 2015

    Texas Court Revives Developer's Suit Over Houston Flood Law

    A Texas appeals court on Thursday reversed a trial court’s decision to throw out a lawsuit against the city of Houston accusing it of crafting a flood ordinance that prevented a developer from building on its own property, finding that the city only raised “no-evidence” points in its jurisdictional plea.

  • March 5, 2015

    ERISA Doesn’t Preempt Texas Insurance Law, Judge Rules

    A Texas law mandating timely insurance payments does not bump up against the Employee Retirement Income Security Act, a federal judge ruled Wednesday, saying that Aetna Life Insurance Co. could not escape two health care providers’ $20 million payment demand.

  • March 5, 2015

    States Want Probe Of 100K Delayed Deportations Claim

    A group of 26 states led by Texas Attorney General Ken Paxton on Thursday filed a motion for discovery in Texas federal court, in an attempt to investigate U.S. Department of Justice claims that about 100,000 people were granted three years of deferred deportation under the president’s executive immigration actions before the policy was blocked.

  • March 5, 2015

    McDonald’s Sued After Woman Allegedly Swallows Metal Wire

    A McDonald’s Corp. customer hit the company with a product liability suit in Texas state court on Thursday, seeking up to $1 million for a severe infection she allegedly sustained after swallowing a metal wire that was in one of its breakfast sandwiches.

  • March 5, 2015

    EOG Resources Win In Royalty Feud Survives Appeal

    A Texas appeals court on Thursday rejected a couple’s claim that EOG Resources Inc. stiffed them on half of the royalties for oil and gas rights they leased to the company, finding that the deed for the couple’s property clearly carved out a 50 percent interest.

  • March 5, 2015

    Trinity Tries Again To DQ Judge After $8M Verdict

    A health care provider again told a Texas federal judge who ordered it and two other health care providers to pay an $8.4 million judgment to Aetna Life Insurance Co. for a billing fraud conspiracy that he should recuse himself because of a conflict of interest.

  • March 5, 2015

    Laws Shielding Anti-Gay Bias Will Cost States, Attys Say

    A recently enacted Arkansas law stripping cities and counties of the ability to prohibit anti-gay discrimination has features that may insulate it against legal challenges, but lawyers warn that states embracing similar statutes will likely damage — not invigorate — their economies.

  • March 5, 2015

    GM Won't Give Workers Unpaid Religious Days, Class Says

    General Motors Co. was hit Wednesday with a putative class action in Texas federal court, accusing the auto giant of refusing to allow employees to take time off without pay for religious observances.

  • March 4, 2015

    BP Earns Appeal Bid But Not Stay In ERISA Suit

    A Texas federal judge on Wednesday allowed BP PLC to pursue interlocutory appeal of an order allowing plaintiffs to amend their Employee Retirement Income Security Act class action over stock losses stemming from the Deepwater Horizon disaster, although he refused to stay the case.

  • March 4, 2015

    Proskauer, Chadbourne Get Stanford Ponzi Suit Trimmed

    A Texas federal judge on Wednesday partially dismissed claims brought by investors victimized by Robert Allen Stanford's $7 billion Ponzi scheme against Proskauer Rose LLP and Chadbourne & Parke LLP for allegedly aiding the fraud, but let the bulk of the claims move forward.

  • March 4, 2015

    5th Circ. Lifts Fine On 'No Money Down' Bankruptcy Attys

    The Fifth Circuit on Wednesday reversed $10,000 in sanctions and a cease and desist order issued against a law firm that handles so-called “no money down” bankruptcies for debiting a client without providing a fair fee arrangement, finding that the court hadn’t provided sufficient notice of the potential punishment.

  • March 4, 2015

    Judge Ups OneBeacon Liability In Malpractice Insurance Row

    A Texas federal judge on Wednesday said he had been wrong to slash $1,721 in daily interest from a judgment he had issued against OneBeacon Insurance Group Ltd. after a jury hit the insurer with a $34 million verdict requiring it to reimburse a Houston law firm for malpractice claims stemming from an antitrust suit against Dish Network Corp.

  • March 4, 2015

    Bernstein Litowitz, Entwistle To Lead Cobalt Shareholder Suit

    A Texas federal judge on Tuesday appointed Bernstein Litowitz Berger & Grossmann LLP and Entwistle & Cappucci LLP as co-lead counsel in a proposed class action alleging Cobalt International Energy Inc. bribed a foreign government and made misleading statements to stock and bond investors, leading to billions in losses.

  • March 4, 2015

    100,000 DACA Recipients Given 3-Year Deportation Delays

    The U.S. Department of Justice said Tuesday that roughly 100,000 people were granted three years of deferred deportation under the president’s executive immigration actions before the new policy was blocked, telling a Texas court the department was admitting this fact out of an “abundance of caution.”

  • March 4, 2015

    A&M Football Donors Sue Foundation Over Stadium Seating

    Two donors to Texas A&M University's 12th Man Foundation have filed a breach of contract suit against the group over its practice of reassigning seats and parking spots, the latest in a slew of lawsuits stemming from Kyle Field's $450 million redevelopment.

Expert Analysis

  • The Expanding Risk Of State False Claims Act Actions

    Richard Arnholt

    Recent expansion of state false claims acts represents a new front in the battle against procurement fraud, one that government contractors must be aware of in order to fully analyze and mitigate risks when contracting with state entities, say attorneys with Bass Berry & Sims PLC.

  • Texas Common Carriers May Soon Be Running In Circles

    Dane McKaughan

    The Beaumont Court of Appeals' standard for common carriers in Texas Rice Land Partners Ltd. v. Denbury Green Pipeline-Texas LLC devolves into a circular argument, says Dane McKaughan of Greenberg Traurig LLP.

  • Texas Claims Are Getting Nasti: The Insured’s Burdens

    Andrew A. Howell

    Nasti v. State Farm Lloyds confirms the insured’s ultimate burden in Texas hail claims to allocate damages between covered and excluded perils and show that its insurer acted in bad faith, says Andrew Howell of Zelle Hofmann Voelbel & Mason LLP.

  • This Week In Congress: Netanyahu's Controversial Visit

    Richard A. Hertling

    As predicted, Congress managed to avoid a Department of Homeland Security shutdown, but the continuing resolution was shorter than expected. Both chambers will need to spend time this week trying to resolve the funding issue. Meanwhile, other issues remain up in the air as attention turns to Iranian nuclear development, with the Israeli prime minister scheduled to address Congress on Tuesday, say members of Covington & Burling LLP.

  • What Amazon Giveaway Means For Sweepstakes Laws

    S. Gale Dick

    Having radically reshaped publishing, retail and digital content, Amazon in February showed its intent to do the same to sweepstakes. Yet Amazon Giveaway's rules are notable in that they eschew many of the precautions taken by promoters of nationwide sweepstakes concerned with running afoul of antiquated state lottery laws, say attorneys with Cohen & Gresser LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Additional-Insured Concerns Surface In Deepwater Horizon

    Micah E. Skidmore

    The Texas Supreme Court's recent ruling in the matter of Deepwater Horizon will inevitably prompt more questions regarding the importance of “certificates of insurance” as well as how explicit a reference within an insurance policy must be or what nexus that reference must have with a coverage limitation before additional-insured status is circumscribed, says Micah Skidmore of Haynes and Boone LLP.

  • Don't Forget About Publicity Rights In Estate Planning

    Barbara Wahl

    As "The Imitation Game" — the recent Oscar-winning movie about English code-breaker Alan Turing — demonstrates, there’s no telling whose life and image may get the Hollywood treatment after they are gone. Modern estate planning should account for this potential asset, says Barbara Wahl of Arent Fox LLP.

  • US Immigration Policy: Adventures In Fantasyland

    Robert S. Groban Jr

    As Tom Friedman observed, the world is increasingly flat. Right now, we have an immigration system, largely created in 1952, that has erected barriers that prevent us from being a more effective competitor in the economic wars of the 21st century. This needs to be the focus of the great immigration debate or we run the real risk of a pyrrhic victory at the border, say experts with Epstein Becker & Green PC.