Texas

  • May 4, 2015

    Obama Wants Strasburger’s Elizabeth Copeland For Tax Court

    President Barack Obama on Friday announced his intention to nominate Strasburger & Price LLP partner Elizabeth A. Copeland, a federal income tax planning and controversy attorney with more than 20 years of experience, to the U.S. Tax Court.

  • May 1, 2015

    Florida, NY Top List Of Busiest Courts For FLSA Suits

    While the total number of Fair Labor Standards Act lawsuits filed in federal courts continues to tick upward, some states that have been longtime hot spots for FLSA litigation actually saw fewer cases filed in 2014, while other jurisdictions experienced a dramatic surge in wage-and-hour claims. Here, Law 360 zeros in on Florida, New York and Texas, and examines the trends reflected on their docket sheets.

  • May 1, 2015

    Loss-of-Use Damages Case Earns Review By Texas High Court

    The Texas Supreme Court agreed on Friday to review a decision by a state appeals court to overturn a jury award compensating a towing company for business losses when it wasn’t able to immediately replace its only wrecker, which had been destroyed in an accident.

  • May 1, 2015

    $80M Suit Over Fried Frank's Role In Tax Deal Remanded

    A Texas federal judge on Thursday sent back to state court a chemical company’s $80 million suit accusing Fried Frank Harris Shriver & Jacobson LLP of fraud stemming from its advice on a tax-sharing agreement, ruling that the court lacked subject matter jurisdiction.

  • May 1, 2015

    Texas High Court Refuses Ex-Texas Tech Coach's ESPN Suit

    The Texas Supreme Court refused Friday to hear former Texas Tech University football coach Mike Leach's appeal in a defamation suit against ESPN Inc. and others, after he said stories about his allegedly locking a concussed football player in a small, dark room got him fired. 

  • May 1, 2015

    DOJ Submits Sensitive White House Docs In Immigration Beef

    The U.S. Department of Justice submitted highly sensitive documents that included White House communications to a Texas federal court on Thursday in the case over the president’s executive actions on immigration, while arguing that government never meant to mislead the court on the policies' implementation and shouldn’t be sanctioned.

  • May 1, 2015

    Texas High Court Won't Rehear $21M Oil Royalty Suit

    The Texas Supreme Court on Friday said it would not reconsider a ruling that reinstated a $21 million award to a property owner who claimed a Samson Resources Corp. subsidiary fraudulently covered up the location of an oil well to avoid paying royalties.

  • May 1, 2015

    Texas High Court Won't Hear Fen-Phen Referral Fee Fight

    The Texas Supreme Court on Friday refused to cut a $3 million judgment entered against Fleming Nolen Jez LLP in a contractual dispute over allegedly improper expense deductions from fees paid to an attorney who referred fen-phen cases.

  • May 1, 2015

    Texas High Court Cracks Down On Health Care Liability Claims

    The Texas Supreme Court set a new standard Friday for determining whether challenges to hospital safety standards should be considered health care liability claims, in an opinion reviving a slip-and-fall suit against Houston’s St. Luke’s Episcopal Hospital.

  • May 1, 2015

    Trafficked Cubans Say Garnishment Only Hope Of Recovery

    Cuban workers who secured an $80 million judgment against Curacao Drydock Co. Inc. in a human trafficking suit urged the Fifth Circuit on Thursday to uphold a decision to garnish money a customer owes the shipbuilder, calling it their only hope for recovery.

  • May 1, 2015

    Plastic Bag Manufacturers Sue Dallas Over 5-Cent Fee Law

    A group of plastic bag manufacturers on Friday filed suit challenging a Dallas city ordinance that requires businesses to charge customers a five-cent fee for bags, saying the law imposes an unconstitutional tax and is preempted by state regulation.

  • May 1, 2015

    Texas Judge Rebuked Over Speech At Tea Party Event

    A Texas judicial discipline committee on Friday reprimanded a state judge over a speech at a Tea Party event in which he referred to sex offenders who regularly appear before him as “psychopaths” and boasted that he once kept a gun in his lap during a court hearing.

  • May 1, 2015

    Texas Justices Take Up Kingsaire FMLA Retaliation Case

    The Texas high court on Friday agreed to hear argument in a retaliatory-discharge case in which Kingsaire Inc. said it did not fire an ex-employee in retaliation for a workers' comp claim but rather enforced its absence policy after the expiration of the man's 12 weeks off under the Family Medical Leave Act.

  • May 1, 2015

    Week's 4 IPOs Draw $795M As Market Revs Up For May Surge

    A natural gas firm and private equity-backed wood pellet business and two life sciences companies went public during the final week of April, together raising $795 million as all four priced within or above expectations, and warming up the market for a surge of initial public offerings on deck for May.

  • May 1, 2015

    Texas High Court Won't Touch Water Permit Takings Row

    The Texas Supreme Court on Friday declined to review an important groundwater rights decision finding that property owners can bring regulatory takings claims when their water permit requests are denied, nixing an appeal brought by the Edwards Aquifer Authority.

  • May 1, 2015

    AT&T, Apple, Others Sued Over LTE Tech Patent

    Cellular Communications Equipment LLC hit AT&T Inc., Apple Inc. and other smartphone carriers and manufacturers with patent infringement suits in Texas federal court on Friday, alleging the companies violated its intellectual property rights related to LTE network technology.

  • May 1, 2015

    ERG Resources, Latest Oil Price Casualty, Files Ch. 11

    ERG Resources LLC joined the growing list of oil and gas exploration firms to succumb to slumping energy prices, filing for Chapter 11 protection in Texas on Thursday with a prearranged strategy in hand to sell its assets in an auction process bankrolled by a $17.5 million financing commitment.

  • May 1, 2015

    Texas High Court Won't Rehear Water Trespass Question

    The Texas Supreme Court on Friday refused to rehear a landmark decision reversing an appellate court’s ruling in favor of a rice farmer after finding that it didn’t prove a lack of consent, leaving open questions about whether wastewater that migrates under neighboring land can be considered a trespass.

  • May 1, 2015

    Texas High Court Leaves Flow-Through Tax Exemption Intact

    The Texas Supreme Court on Friday left in place a state appellate court’s ruling that a Texas company that passes earnings on to third-party contractors can exclude that money while calculating its franchise tax debt, declining an appeal by the state attorney general.

  • April 30, 2015

    Iraq Urges 5th Circ. To Mull Mootness In Disputed Oil Row

    The Iraqi government on Wednesday urged the Fifth Circuit to use an upcoming oral argument to consider whether Kurdistan’s voluntary disposal of more than 1 million barrels of disputed crude oil in Israel renders its appeal moot.

Expert Analysis

  • Texas Insurers: Don't Forget 'Excessive Demand Doctrine'

    Todd M. Tippett

    Based on strong precedent, Texas property insurers should consider asserting the excessive demand doctrine as an affirmative defense when faced with unreasonable and excessive presuit demands brought in bad faith. And as to the policyholder attorneys making such excessive demands, the lesson is clear — be careful what you ask for, says Todd Tippett of Zelle Hofmann Voelbel & Mason LLP.

  • A Close Look At The New Texas M&A Broker Exemption

    Richard A. Tulli

    Mergers and acquisitions brokers who wish to be involved in transactions to which the Texas Securities Act may apply should find a new Texas registration exemption to be a significant benefit, despite the differences between the new rule and U.S. Securities and Exchange Commission guidance, say Richard Tulli and George Lee of Gardere Wynne Sewell LLP.

  • Texas High Court Augurs Arbitration In Health Care

    David M. Walsh IV

    The Supreme Court of Texas recently upended the practice of health law by opening the door to binding arbitration clauses for health care liability claims. In Fredericksburg Care Company LP v. Juanita Perez, the court determined a state arbitration statute for medical malpractice cases was preempted by the Federal Arbitration Act, says David Walsh IV of Chamblee Ryan Kershaw & Anderson PC.

  • When Internet Libel Lands You In An Out-Of-State Court

    Pierre Grosdidier

    A recent Texas federal court case — Hawbecker v. Hall — illustrates the “sufficient minimum contacts” that Internet contributors must show to fall under the jurisdiction of a foreign court, says Pierre Grosdidier of Haynes and Boone LLP.

  • An Update On Hatch-Waxman Personal Jurisdiction Cases

    Tedd Van Buskirk

    The first wave of post‐Daimler decisions suggests district courts will rely on new theories of general and specific jurisdiction to exercise personal jurisdiction in Hatch‐Waxman cases, say Tedd Van Buskirk and Mark Deming of Polsinelli PC.

  • 9th Circ. Deepens Split Over Complex CERCLA Sites

    Michael D. Daneker

    The Ninth Circuit's holding in AmeriPride Services Inc. v. Texas Eastern Overseas Inc. deepens an unresolved circuit split and increases uncertainty regarding the legal effect of settlement with fewer than all responsible parties at complex Comprehensive Environmental Response, Compensation, and Liability Act sites, say Michael Daneker and Lauren Daniel of Arnold & Porter LLP.

  • How Bankruptcy Courts Are Dealing With 'Stern Claims'

    Kevin M. Hembree

    The ultimate implications of the U.S. Supreme Court’s Stern v. Marshall decision continue to unfold. But one implication is clear — bankruptcy courts are increasingly deciding state law claims by issuing proposed findings of fact and conclusions of law for the district court’s final review, as evident in Gomez v. Lone Star National Bank, a Southern District of Texas case stemming from a failed restaurant, says Kevin Hembree of Alston & Bird LLP.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • A Trend Toward More State Focus On Lawyer Mobility?

    Allison Martin Rhodes

    The efforts of state bar regulators in three large legal markets — Florida, New York and now Virginia — are almost certainly an indication of increased regulation to come in the area of lawyer mobility, say attorneys with Holland & Knight LLP.

  • New 5th Circ. Bankruptcy Fee Rule Benefits Attys, Advisers

    Elisha Graff

    The Fifth Circuit’s decision in Barron & Newburger PC v. Texas Skyline Ltd. overrules prior precedent and adopts a broader, more permissive standard for approval of attorneys' fees under Section 330 of the Bankruptcy Code. The prospective standard could benefit financial advisers as well, says Elisha Graff of Simpson Thacher & Bartlett LLP.