• May 29, 2015

    Texas AG Says Gay Marriage Rulings ‘Mock’ Judicial Process

    Texas’ attorney general on Friday told the state’s high court that trial judges “mocked” the judicial process and ignored the Texas Constitution when they issued rulings that allowed for same-sex marriage in the state.

  • May 29, 2015

    Insurer's Award Over Fraudulent Hailstorm Claims Upheld

    A Texas appellate court Thursday upheld a $900,000 jury award Allied Property and Casualty Co. won against a Dallas commercial real estate firm over claims the policyholder lied about hailstorm damage to receive an insurance payout, ruling that the evidence supports a finding that the company made fraudulent misrepresentations.

  • May 29, 2015

    4 IPOs Eye $552M To Start June After Brief Slowdown

    June is set to start off with something of a bang as four companies — a master limited partnership, a private equity-backed health care analytics firm, a medical device maker and a specialty tea retailer — look to raise a total of $552 million during the first week of the month, ending a brief drop-off in initial public offering activity.

  • May 29, 2015

    'Discourteous' Former Texas Criminal Judge Admonished

    A former Texas state judge has been formally reprimanded for “discourteous and undignified” treatment of lawyers in a court that became the focus of widespread derision in the legal community.

  • May 29, 2015

    Ex-BP Exec Wants Congressional Staffers Cut From Trial

    A former BP PLC executive facing criminal charges for allegedly obstructing a congressional investigation into the Deepwater Horizon disaster asked a Louisiana federal judge Friday to exclude all testimony from four congressional staffers, saying if they testify, he won't be able to effectively cross-examine them.

  • May 29, 2015

    3,700-Page Report In Patent Row Not Too Long, Judge Says

    A Texas federal judge said she would allow a nearly 3,700-page expert report filed by an anti-piracy technology company accused by Blue Spike LLC of flouting four patents covering digital fingerprinting techniques, saying the report's length merely reflects the complex nature of the issues in the case. 

  • May 29, 2015

    BP Drops $750M Transocean Policy Fight After Deepwater Deal

    BP PLC has dropped its bid asking the Texas Supreme Court to reconsider a $750 million policy dispute with Transocean Ltd., a week after the companies announced they had settled claims stemming from the Deepwater Horizon oil spill.

  • May 29, 2015

    Judge Limits Overview Witness Testimony In BP Exec's Trial

    A Louisiana federal judge Thursday granted in part former BP executive David Rainey’s request to prevent prosecutors from relying on testimony from an overview witness in his criminal trial, saying that witnesses may only testify on firsthand experiences.

  • May 29, 2015

    Texas Justices Open Door To Close-Held Corp. Derivative Suits

    The Texas Supreme Court ruled Friday that a state law does not present any clear hurdles to Lone Star State shareholders who wish to launch derivative suits against closely held corporations, affirming an appellate court’s decision to revive claims against mining outfit United Salt Corp.

  • May 29, 2015

    Texas Well Servicer Settles EPA Waste Disposal Row

    A Texas-based oil industry service company agreed to pay a $500,000 civil penalty and change some of its hazardous waste handling operations in a deal with the U.S. Environmental Protection Agency over violations of the Resource Conservation and Recovery Act, the agency said Thursday.

  • May 29, 2015

    Texas Gov. Poised To Sign 25% Business Tax Cut

    The Texas House on Thursday approved legislation that would slash the state’s business franchise tax by 25 percent, paving the way for Gov. Greg Abbott to approve the measure.

  • May 28, 2015

    Haynes And Boone Off The Hook In $1.7M Conspiracy Suit

    A Texas state appeals court on Thursday refused to revive a chemical engineer’s suit alleging Haynes and Boone LLP falsely led him to believe an environmental remediation company agreed to pay $1.7 million to settle a qui tam action that he then agreed to dismiss.

  • May 28, 2015

    5th Circ. Nixes Co.'s Suit Against Its Bankruptcy Trustee

    The Fifth Circuit on Thursday upheld a lower court's dismissal of a case brought by a company that alleged its bankruptcy trustee failed to pursue a claim against its insurance provider, ruling that plaintiffs didn't get the consent of the bankruptcy court.

  • May 28, 2015

    Immigrant Moms Denied Birth Docs For Citizen Kids: Suit

    Four women who entered the U.S. illegally from Mexico sued a Texas health agency on Tuesday alleging that officials are refusing to issue birth certificates for their U.S. citizen children, resulting in discrimination against the women based on their immigration status.

  • May 28, 2015

    Texas Judge Cops To Gun Charge, Lying to Federal Agents

    A Texas state court judge admitted in court on Thursday that he illegally dealt in guns and lied about it to law enforcement officials, federal officials said.

  • May 28, 2015

    Former SEC Official Joins Jones Day As Partner In Dallas

    Jones Day announced on Thursday that it has hired the former regional director of the U.S. Securities and Exchange Commission's Fort Worth, Texas, office, as a partner in its Dallas office to serve clients in the firm's securities litigation and SEC enforcement practice.

  • May 28, 2015

    Yahoo Adds Fraud Claim In Row Over $1B NCAA Bracket Prize

    Yahoo Inc. on Tuesday bounced back in its dispute with prize insurer SCA Promotions Inc. over the web giant's decision to back out of a $1 billion NCAA March Madness contest, filing new fraud counterclaims over SCA allegedly revealing the contest plan to Berkshire Hathway.

  • May 28, 2015

    Old Chrysler Squashes Clutch Maker's Adversary Suit

    Auto parts manufacturer FTE Automotive USA Inc. failed Thursday in a bid for declaratory judgment in New York federal court that it doesn’t have to provide liability insurance to Old Chrysler in a proposed class action in Texas over allegedly defective clutches FTE sold to the automaker before it went bankrupt.

  • May 28, 2015

    Pier 1, GameStop Hit With Web Navigation IP Suit

    EMG Technology LLC has accused Pier 1 Imports Inc., Dollar General Corp., GameStop Corp. and five other companies of infringing patents for navigating websites on cellphones, according to suits filed Wednesday in Texas federal court.

  • May 28, 2015

    5th Circ. Will Hear Args. On Immigration Action Block July 10

    The Fifth Circuit said Thursday that it would hear oral arguments on whether to reverse a block on two of Obama’s immigration-related executive action policies on July 10 in New Orleans, while the federal government told a lower court that its compliance with the injunction didn’t need a babysitter.

Expert Analysis

  • Analyzing Data Trends To Shape Complex Litigation Strategy

    Elizabeth Figueira

    With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.

  • Fracking 2.0: The Rise Of American Shale Refracking

    Gabriel B. Collins

    New data strongly suggests energy companies will likely accelerate the refracturing of previously hydraulically fractured wellbores in unconventional shale gas plays across the U.S. The trend from industry analysis points to a much more positive outlook for refracking's growth potential than the present market consensus would suggest, says Gabriel Collins of Baker & Hostetler LLP.

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Blurred Lines Remain On Health Care Liability In Texas

    David M. Walsh IV

    The Supreme Court of Texas' ruling in Ross v. St. Luke’s Episcopal Hospital leaves unanswered questions surrounding the nonexclusive, seven-factor test analyzing the relationship between health care liability claims and the provision of care, and does not create a “bright red line” clearly defining state tort law, says David Walsh IV of Chamblee Ryan Kershaw & Anderson PC.

  • In Wisconsin, FCA Liability May Apply To E-Rate Program

    Jessica Sharron

    The peace of mind enjoyed by E-Rate service providers following the Fifth Circuit’s decision that the False Claims Act does not apply to the E-Rate program may be fleeting. A case pending in the Eastern District of Wisconsin — U.S. v. Wisconsin Bell Inc. — is poised to challenge the Fifth Circuit’s ruling, and the possibility of a circuit split is looming, say attorneys with Alston & Bird LLP.

  • Texas Contractors, With Immunity And Liability For Some

    John R. Hawkins

    In a case of first impression, the Texas Supreme Court's refusal to extend sovereign immunity to a private engineering company in Brown & Gay Engineering Inc. v. Olivares is a reminder that the principle's rationale is to guard against unforeseen government expenditures incurred in defending lawsuits and paying judgments that divert public funds from their allocated purposes, says John Hawkins of Porter Hedges LLP.

  • Use Of Biometric Information As A Basis For Civil Liability

    Derek Sarafa

    Despite the proliferation of the use of biometrics, there are very few state statutes and no federal statutes that create civil remedies based on the capture and disclosure of biometric data by private businesses. But enterprising plaintiffs lawyers are attempting to use those that do exist to create a potential new sphere of liability, say attorneys with Winston & Strawn LLP.

  • Tread Lightly Texas: Defining 'Spouse' Under The FMLA

    August E. Huelle

    Until Texas v. U.S. is resolved — possibly by the U.S. Supreme Court's forthcoming decision in Obergefell v. Hodges — companies with employees in the plaintiff states must tread carefully to ensure that the DOL's same-sex spouse rule under the Family and Medical Leave Act is applied correctly, say Nathaniel Glasser and August Huelle of Epstein Becker & Green PC.

  • How Are Texas Oil And Gas Cos. Faring In China?

    Greg Krafka

    The sheer size and growth in China’s energy sector over the past few decades demands attention, as do the energy policies of the country's government to influence development. Greg Krafka of Winstead PC explores how Texas-based oil and gas companies are faring in China and discusses the major challenges and opportunities in the years ahead.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)