• October 21, 2014

    BP Asks 5th Circ. To Hurry $9.2B Settlement Appeal

    BP PLC asked the Fifth Circuit on Monday to expedite its bid to claw back payouts it made under a since-overturned claims calculation in its $9.2 billion settlement in the Deepwater Horizon multidistrict litigation, saying that there won’t be any money left to recover if the appeal goes too long.

  • October 21, 2014

    Abraham Watkins Defeats BP Workers' Malpractice Suit

    A Texas appeals court on Tuesday affirmed a lower court's judgment for Abraham Watkins Nichols Sorrels Agosto & Friend LLP in a malpractice suit alleging the firm forced its clients to settle a $10 million suit stemming from a BP PLC refinery explosion for pennies on the dollar.

  • October 21, 2014

    Houston Atty Files $6.5M Fraud Suit Against Movie Producers

    Houston-based attorney Tony Buzbee sued Weathervane Productions Inc. and Hey Girl Entertainment LLC in Texas state court on Monday for $6.5 million, alleging the companies duped him into investing in a movie featuring Ryan Gosling and Justin Timberlake that never materialized.

  • October 21, 2014

    Halliburton Execs Don't Have To Testify In Price Impact Row

    A Texas federal judge said Tuesday she will not force Halliburton Co.'s CEO and another executive to testify in a decade-old class action over a stock issuance, as long as the company officially stands behind their previously provided oral and written statements.

  • October 21, 2014

    DePuy Hip Implant Bellwether Trial Heads To Jurors In Texas

    Bringing an eight-week bellwether trial to a close in Dallas federal court, a hip implant patient on Tuesday accused Johnson & Johnson's DePuy Orthopaedics Inc. unit of putting marketing and sales before safety in its allegedly defective Pinnacle line of metal-on-metal implants.

  • October 21, 2014

    Simpson Thacher To Help PE Firm Give Up ClubCorp Stake

    KSL Capital Partners is looking to raise nearly $600 million as the private equity firm sells off its remaining 50.8 percent stake in ClubCorp Holdings Inc., the largest U.S. owner and operator of golf and country clubs, according to a Tuesday regulatory filing.

  • October 21, 2014

    US Asks 5th Circ. To Deny UT Bid To Rehear Tax Refund Suit

    The U.S. government recently said the Fifth Circuit correctly determined earlier this year that the University of Texas did not qualify for an $11 million refund for Federal Insurance Contributions Act taxes against its medical residents and the court should deny the university's request for a rehearing.

  • October 21, 2014

    5th Circ. Says Texas Law Trumps Toyota Faulty Air Bag Suit

    The Fifth Circuit on Monday tossed a widower’s suit against Toyota Motor Corp. alleging that defective air bags in his wife's 2010 Highlander led to her death, saying that Texas law requires claims for manufacturing defects to cite more than just deviation from the automaker's performance standards.

  • October 21, 2014

    Four Convicted In $158M Houston Hospital Medicare Scam

    A Texas federal jury on Monday convicted four people in connection with a $158 million Riverside General Hospital Medicare scam, in which administrators allegedly made false claims for mental health treatment in order to pay kickbacks and bribes, according to the U.S. Department of Justice.

  • October 21, 2014

    EPA Ozone Rulings Are Inconsistent, States Tell DC Circ.

    A coalition of states, including Texas and Delaware, urged a D.C. Circuit panel Tuesday to nix U.S. Environmental Protection Agency findings that certain counties failed to meet federal ozone restrictions, claiming the agency ignored data and inconsistently applied the standards across the country. 

  • October 21, 2014

    CORRECTED: OneBeacon Hit With $34M Verdict Over Dish Malpractice Case

    A Texas federal jury on Friday issued a $34 million verdict in favor of law firm T. Wade Welch & Associates to conclude a trial over whether OneBeacon Insurance Group Ltd. had to indemnify the firm against malpractice claims that its former client Dish Network Corp. brought after being sanctioned in antitrust litigation. Correction: An earlier version of the story incorrectly reported the amount of the verdict. The error has been corrected.

  • October 20, 2014

    Sam Wyly Seeks Ch. 11 To Deflect Looming $198M Fine

    Texas tycoon Sam Wyly sought Chapter 11 protection Sunday, saying he can't afford a potential $198 million government penalty for allegedly using secretive offshore trusts to trade stocks while evading taxes.

  • October 20, 2014

    PR Team Says Texas Attys Owe $8M For Soliciting Spill Claims

    A team of public-relations specialists have filed a suit accusing a pair of Houston-based law firms and their principal attorneys of cheating them out of $7.9 million in fees for bringing the firms some 10,000 clients filing claims for damages from the Deepwater Horizon disaster.

  • October 20, 2014

    Trinity Bilked Feds Of $175M, Jury Finds In Guardrail FCA Suit

    A Texas federal jury Monday found that Trinity Industries Inc. defrauded the U.S. government out of $175 million by selling dangerous guardrails to the U.S. Federal Highway Administration, reaching the verdict three days after a judge refused to toss the False Claims Act case.

  • October 20, 2014

    Nurses Launch Campaign For Strict Ebola Protocols

    The largest nurses' union in the U.S. on Monday began a week of events to encourage the public to pressure the Obama administration and Congress to require strict standards for Ebola treatment at hospitals and other health care employers.

  • October 20, 2014

    DOD Seeks Contractors For Fort Hood Green Energy Project

    The U.S. Defense Logistics Agency on Friday issued a solicitation for proposals to allow the Fort Hood military base in Texas to generate 100 percent of its power needs from renewable energy sources.

  • October 20, 2014

    U. of Chicago Hit With Copyright Claim Over Translation

    The University of Chicago Press, the largest university press in the country, is facing copyright infringement claims over English translations of 17th-century Spanish author María de Zayas y Sotomayor.

  • October 20, 2014

    Justices Pass On Dismissal Of Investors' EnerMax Suit

    The U.S. Supreme Court on Monday refused to review the Fifth Circuit’s upholding of the dismissal of a suit brought by foreign investors claiming defunct oil exploration company EnerMax stole millions of dollars from them through a joint-venture scheme.

  • October 20, 2014

    High Court Won't Consider State Claims In BP Spill

    The U.S. Supreme Court on Monday declined to hear an appeal by several Louisiana parishes asking the high court to revive their state-law claims against BP PLC and others over pollution-related wildlife damage linked to the Deepwater Horizon oil spill.

  • October 20, 2014

    QEP Nabs $2.5B In Sale Of Midstream Biz To Tesoro

    QEP Resources Inc. said Sunday that it’s agreed to sell its midstream business to Texas-based Tesoro Corp. for $2.5 billion, following through on a January promise to unload the unit in the wake of activist investor pressure to shake up its operations.

Expert Analysis

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.

  • We Need A Specialized Patent Trial Court

    William Watkins

    The U.S. is the only country in the world where standard juries are used in patent cases. With patent trolls imposing huge costs on the economy and crippling our power to innovate, Americans should be willing to consider major changes in how we decide patent cases, says William Watkins, a research fellow at The Independent Institute.

  • The Truth About Patent Damage Awards

    Brian Howard

    Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • 4 Ways To Minimize Risk In Retaliation Claims

    Mauro Ramirez

    Given the steady increase in retaliation claims filed with the U.S. Equal Employment Opportunity Commission, employers need to train managers before taking adverse employment actions — especially when they involve employees that may have engaged in protected activity, says Mauro Ramirez of Fisher & Phillips LLP.

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.

  • 5th Circ. Maritime Case May Set National Standard

    Joel B. Crane

    The Fifth Circuit majority opinion’s adherence to history, federal statutory law and U.S. Supreme Court precedent in McBride v. Estis Well Service LLC over limiting injured seamen and their heirs to pecuniary damages will undoubtedly serve as persuasive authority in defending against punitive damage claims in maritime cases nationwide, say attorneys at Sedgwick LLP.

  • 'Disparate Impact' Finally Gets Its Due

    Arthur E. Anthony

    The U.S. Supreme Court has signaled its clear determination to resolve the long-debated question concerning the viability of the disparate impact theory under the Fair Housing Act by granting certiorari in a Fifth Circuit case. However, the ruling may result in a substantial reworking of the fair-lending regulatory framework governing financial institutions, say Arthur Anthony and Jennifer Parnell of Locke Lord LLP.

  • Schlumberger Is Not A New Normal In Trade Secret Cases

    Scott R. McLaughlin

    Schlumberger Ltd. v. Rutherford appears to be unique and should not have a broad impact on typical trade secret lawsuits — most cases do not involve an alleged effort to prevent a former employee’s participation in litigation against the former employer, much less a former in-house attorney, say Scott McLaughlin and Crystal Parker of Jackson Walker LLP.