Texas

  • July 31, 2015

    Yahoo Ducks Extra Discovery In $1B Bracket Row With Insurer

    Prize insurer SCA Promotions Inc. is too late to make Yahoo Inc. turn over more information in a dispute over a failed plan for SCA to insure a Yahoo-run $1 billion NCAA March Madness contest, a Texas federal judge ruled Friday.

  • July 31, 2015

    Bryan Cave Hit With Malpractice Claim Over Hotel Loan

    A suit filed in Dallas state court alleges Bryan Cave LLP flubbed the financing of a hotel renovation loan, then doubled down on mistakes in a bankruptcy proceeding arising from the loan, leading to a $17 million loss for the lender on top of allegedly excessive legal fees.

  • July 31, 2015

    2 Texas Firms Sued For Botching Steel Co.'s Contract Row

    A Texas-based steel fabrication and construction company sued two law firms Tuesday for allegedly botching litigation against the company's former owner and a subcontractor who successfully sued the company on breach of contract and other claims.

  • July 31, 2015

    Oil Heir Takes $41M Atty Fee Fight To Supreme Court

    Hunt Oil Co. heir Al Hill III on Friday asked the U.S. Supreme Court to reverse a Fifth Circuit order giving his former lawyers more than $40 million in contingency fees for their work on litigation involving a family trust, saying the award was unconscionable.

  • July 31, 2015

    5th Circ. Upholds $25M Judgment In Katrina Coverage Row

    The Fifth Circuit preserved a $25.4 million win for oilfield operator Cox Operating LLC in a coverage suit for damage from Hurricane Katrina on Thursday, rejecting an insurer's argument that the lower court misread Texas insurance law when it calculated interest.

  • July 31, 2015

    Texas Justices Won't Weigh In On Locker & Lee Fee Suit

    The Texas Supreme Court on Friday again declined to weigh in on whether a joint venture agreement between a pair of attorneys entitled one party to a portion of a personal injury settlement awarded to the other party's firm, putting to an end an 11-year fee suit against Locker & Lee PC.

  • July 31, 2015

    ETP, Sunoco, Phillips 66 Team Up On Gulf Coast Pipeline

    Energy Transfer Partners LP, Sunoco Logistics Partners LP and Phillips 66 have created a joint venture to construct a crude oil pipeline that will connect terminals in eastern Texas and southwestern Louisiana, the companies said Thursday.

  • July 31, 2015

    Oneok To Invest $100M To Expand Texas Gas Pipeline

    Midstream master limited partnership Oneok Partners LP said on Thursday that it will invest up to $100 million to increase the output of its natural gas pipeline in western Texas.

  • July 31, 2015

    Aetna Says Sanction On Uncooperative Hospital Justified

    Aetna Life Insurance Co. on Thursday told a Texas federal judge to reject a motion by a surgical hospital to stay an order publicizing its “restricted” and “attorneys only” documents, saying the order was an appropriate sanction following years of misconduct in a case accusing the hospital of reaping millions of dollars by enticing patients to use its out-of-network services and charging excessive fees.

  • July 30, 2015

    Life Partners Creditors Deride CEO's Call To Pull Trustee

    The unsecured creditors of life insurance purchaser Life Partners Holdings Inc. told a Texas bankruptcy court on Thursday that its CEO, Brian Pardo, shouldn't be allowed to force out the Chapter 11 trustee working on the case.

  • July 30, 2015

    Chevron Not Liable In Suit Over African Pirate Attack On Ship

    A Texas federal judge on Wednesday dismissed claims against Chevron USA Inc. brought by a Texas ship captain who was kidnapped by pirates off the Nigerian coast, saying Chevron can’t be considered the captain’s employer and thus isn’t liable under the federal Jones Act.

  • July 30, 2015

    NLRB Court Wins Won't Quell Election Rule Challenges

    The National Labor Relations Board’s controversial rule in effect since April streamlining the union election process has withstood two district court challenges, but attorneys say suits over the rule’s application and the ire of a Republican legislative majority mean disputes over the rule aren't yet over.

  • July 30, 2015

    Baker Botts Denied $3.5M Atty Fees In Samsung IP Row

    Baker Botts LLP lost a bid for $3.5 million in attorneys’ fees after a Texas federal judge ruled on Thursday that the firm failed to show the case was exceptional, despite securing a jury verdict that its client, Samsung Electronics Co. Ltd., didn’t infringe a Japanese inventor’s patent.

  • July 30, 2015

    Texas Court Won't Revive $6.4B Brenham Oil & Gas Suit

    A Houston court of appeals on Thursday refused to revive a $6.4 billion suit filed by Brenham Oil & Gas Inc. over alleged interference in a contract with the government of the African nation of Togo, saying the trial court was right to throw out the suit against TGS-NOPEC Geophysical Co. and ENI SpA on jurisdictional grounds.

  • July 30, 2015

    Texas Allows Lucchese To Arbitrate Worker Injury Claims

    Legendary cowboy-boot maker Lucchese Inc. can require former employees to arbitrate allegations they suffered on-the-job injuries under a provision in their employment agreements, a Texas appellate court held Wednesday in three related cases.

  • July 30, 2015

    Viva Cinema Slams AMC's Bid To Nix Antitrust Suit

    Shuttered Spanish-language movie theater Viva Cinemas Theaters and Entertainment LLC fired back Wednesday at AMC Entertainment Holdings Inc.'s bid to toss its Texas federal antitrust suit accusing AMC of illegally squeezing it out of the Houston market by blocking it from getting new releases, saying AMC is downplaying its strong-armed bullying tactics.

  • July 30, 2015

    JCPenney Must Pay Investor's $3M Fee, Texas Justices Told

    The Texas Supreme Court was urged Wednesday to refuse J.C. Penney Co. Inc.'s bid to use the lodestar method for a shareholder's attorneys' fees, because the $3.1 million was calculated in-line with the settlement of the investor's executive compensation scheme claims.

  • July 30, 2015

    V&E Adds Ex-Bracewell Partner To Energy Transactions Team

    Vinson & Elkins LLP this week strengthened its energy transactions team in Houston with the addition of a partner from Bracewell & Giuliani LLP, the firm announced on Thursday.

  • July 30, 2015

    Pine Brook Puts $100M In New Energy-Equipment Rental Co.

    New York-based investment firm Pine Brook said Thursday that it has agreed to put forth $100 million to help launch Cahill Services LLC, a Texas-based company that rents out equipment to customers in the energy, industrial and municipal industry sectors.

  • July 30, 2015

    Texas Court Upholds Atty's 25-Year Sentence For Client Fraud

    A Texas appellate court on Tuesday affirmed a 25-year prison sentence for a former Dallas attorney who admitted stealing money from nearly two dozen clients and was ordered to pay restitution of nearly $1 million, saying his appeal was frivolous and without merit.

Expert Analysis

  • Rebutting Fraud On The Market

    Michelle Reed

    The most recent Halliburton class certification decision addressed one of the key questions left open after the U.S. Supreme Court’s ruling last year — the level of proof necessary to rebut the fraud-on-the-market presumption, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • DC Circ.'s Rule Remand Won't Stop EPA On Air Emissions

    Thomas A. Lorenzen

    After the D.C. Circuit's recent ruling in EME Homer City Generation LP v. U.S. Environmental Protection Agency, the EPA can continue to implement its Cross-State Air Pollution Rule for the foreseeable future, including imposing state emission budgets for sulfur dioxide and nitrogen oxide that have now been ruled invalid, say Thomas Lorenzen and Robert Meyers of Crowell & Moring LLP.

  • Craft Beer's Growth Is Causing Congress To Brew Reforms

    Matthew P. McLaughlin

    In response to the craft beer industry's explosive growth, national policy surrounding alcohol regulatory reform has been one of modernization, not the elimination of three-tier distribution systems and state franchise laws. However, while some states have embraced this trend in a positive manner, others have been extremely resistant to change, says Matthew McLaughlin of Baker Donelson PC.

  • UPenn Fracking Study Can't Give Plaintiffs Causation

    Harry Weiss

    Despite the media attention surrounding a recent University of Pennsylvania study linking increased hospital visits for cardiac and neurological complaints with hydraulic fracturing, it is unlikely to significantly help plaintiffs looking to establish causation, say Harry Weiss and Philip Yannella of Ballard Spahr LLP.

  • Lessons From 5th Circ. Application Of Scienter Standard

    David Dodds

    The Fifth Circuit’s recent dismissal of a federal securities fraud class action that arose out of the failure of Guaranty Bank serves as a reminder that even where some specific allegations tend to support an inference of scienter, they may not invariably lead to a finding of the required “strong inference,” says David Dodds of Haynes and Boone LLP.

  • OPINION: On Porous Borders

    Judge Eliza Klein

    Since 2008, funding of the border patrol has doubled. Meanwhile, funding of the immigration courts has stagnated. The case load has grown from slightly less than 263,000 cases nationwide to slightly more than 450,000 — over 2,000 cases per judge. We must do better, says Judge Eliza Klein, of counsel to Gil Law Group and a former immigration court judge for more than 20 years.

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • Texas Property Insurers Consider Changes To Hail Policies

    Todd M. Tippett

    Texas is in the midst of a hail lawsuit crisis. Tens of thousands of lawsuits have been filed across the state and abuse and outright fraud are commonplace. Despite a strong push by the insurance industry, the 2015 Texas Legislature failed to pass any significant reform measures. Absent a legislative or policy form solution, the end result is predictable, says Todd Tippett at Zelle Hofmann Voelbel & Mason LLP.

  • Texas Takes Firm Stance Toward Local Environmental Fines

    Gerald J. Pels

    Texas' cap on local fines and penalties from environmental litigation is one of the first in the country. While H.B. 1794 does not limit the state’s authority to bring actions, recover penalties or limit any authority — state or local — to pursue criminal actions for environmental infractions, it will provide predictability in enforcement and will often lead to greater compliance, says Gerald Pels of Locke Lord LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.