Texas

  • November 24, 2014

    Cancer-Stricken Ex-Boss Sues Unlicensed Atty For $8M Heist

    An unlicensed Houston immigration attorney and his partners embezzled more than $8 million over the span of nine years and stole clients from a former employer, according to a complaint filed in Texas court Friday.

  • November 24, 2014

    Texas AG Vows Suit Over Obama's Immigration Order

    Texas Attorney General Greg Abbott, the state’s governor-elect, said Monday he’ll decide in the next two weeks whether to file suit over President Barack Obama’s executive order allowing more immigrants to stay in the country legally.

  • November 24, 2014

    Texas Court Won't Make Zimmer Retry Metal Plate Suit

    A Texas appellate court on Friday stepped in to prevent medical device maker Zimmer Inc. from facing a second trial over a metal plate implant, saying a trial judge had incorrectly granted a new trial based on juror misconduct to a man claiming faulty implants left him permanently disabled.

  • November 24, 2014

    Kmart Tells 5th Circ. Landlord Owes $2.6M Over Floods

    Kmart Corp. on Friday urged the Fifth Circuit to reverse a judgment for the owner of a Mississippi shopping center in a suit seeking more than $2.6 million over a Kmart store's flood damage, saying the district court’s decision “rewrites” the lease.

  • November 24, 2014

    GM Admits Ignition Switch Defect Led To 2004 Deadly Crash

    General Motors Co. on Monday told a Texas state court that a 2004 Saturn Ion involved in a deadly crash would have been included in the massive ignition switch recall, allowing a judge to overturn the conviction of a woman who had been accused of killing her fiance by driving under the influence.

  • November 24, 2014

    Texas Appellate Rejects Coach's ESPN Defamation Suit

    A Texas appellate court on Friday rejected former Texas Tech University head football coach Mike Leach's bid to revive claims that ESPN Inc. and an ESPN analyst are liable for Leach's losing his job after allegedly confining the analyst’s son in a dark room during team practice.

  • November 24, 2014

    Texas Supreme Court Refuses To Hear Sex Biz Tax Row

    Texas’ highest court on Friday refused to review a lower court decision saying a $5-per-customer state tax on nude bars and nightclubs is constitutional, handing a blow to the Texas Entertainment Association, which said the measure was applied unequally.

  • November 24, 2014

    HealthSouth Nabs Hospice Co. In $750M Deal With Cressey

    Private equity firm Cressey & Co. is selling Encompass Home Health Inc., a Texas-based provider of at-home nursing services, to inpatient rehabilitation hospital operator HealthSouth Corp. for $750 million, the health groups said Monday, in a deal advised on by Skadden Arps Slate Meagher & Flom LLP and Ropes & Gray LLP.

  • November 24, 2014

    Inventor Hits Mercedes With Latest Keyless Ignition Suit

    Mercedes-Benz USA was hit with patent infringement litigation in Texas federal court Friday by a man who claims to have pioneered the technology behind the keyless ignition system and who has filed 27 other suits in federal court over the same patent this year.

  • November 21, 2014

    Texas Justices Take On Retaliation Suit Against Utility

    The Texas Supreme Court on Friday agreed to hear a $1.3 million suit over whether a San Antonio woman was illegally let go for counseling a former boss at San Antonio Water System against having lunch with female employees.

  • November 21, 2014

    Insurer Asks 5th Circ. For Rehearing In Home Defect Row

    Mid-Continent Casualty Co. has asked the Fifth Circuit to review its reversal of an earlier decision that the insurer had correctly applied a contractual liability exclusion, arguing the panel mistakenly held that replacing two homeowners’ defective foundation represented property damage.

  • November 21, 2014

    Texas Justices Say Court Misread Gas Contract Ruling

    The Texas Supreme Court held Friday that an appeals court erred in determining it could not review questions about whether Wolf Hollow I LP was owed damages in a contract dispute with El Paso Marketing LP, finding the appeals court misinterpreted an earlier high court ruling.

  • November 21, 2014

    CH2M Fires Off $11M Suit Over Canceled Air Force Contract

    CH2M Hill Constructors Inc. is seeking $10.7 million from the federal government for ending its contract to renovate a U.S. Air Force training center a few months before completion, saying in a Thursday complaint to the U.S. Court of Federal Claims that the government denied the company's reasonable extension requests.

  • November 21, 2014

    Texas High Court Takes On Suit Over Boeing Lease Disclosure

    The Texas Supreme Court said Friday it will hear arguments in The Boeing Co.'s attempt to keep its lease for part of an abandoned Air Force base under wraps after Texas' attorney general said the terms should be disclosed under the Texas Public Information Act.

  • November 21, 2014

    Texas Supreme Court Buries TCEQ Worker's Retaliation Suit

    The Texas Supreme Court on Friday held that a Texas Commission on Environmental Quality worker’s report to a state senator and her supervisor alleging the agency improperly paid illegal immigrants under a vehicle emissions reduction program doesn’t qualify for protection under the Texas Whistleblower Act.

  • November 21, 2014

    Deals Rumor Mill: Telecom, Sysco Corp., UniCredit

    Telecom Italia SpA may have found a buyer for mobile phone towers operated by its Brazilian unit, while Texas-based Sysco Corp. is on the verge of divesting some assets to a Blackstone Group LP-backed food company to clear way for its $3.5 billion purchase of rival US Foods Inc.

  • November 21, 2014

    Kelso, Estancia Pick Up American Beacon From TPG, Pharos

    New York-based Kelso & Co. and Estancia Capital Management LLC agreed Thursday to buy Lighthouse Holdings, the parent company of investment advisory services group American Beacon in a deal reportedly worth upward of $600 million including debt.

  • November 21, 2014

    Texas High Court To Weigh Dow's Liability In Asbestos Suit

    The Texas Supreme Court agreed on Friday to hear an appeal in an asbestos suit from survivors of an independent contractor who say an appeals court reversed a $2.6 million jury verdict against Dow Chemical Co. by wrongfully applying state law limiting liability for a property owner’s negligence.

  • November 21, 2014

    Schlumberger Questions SLAPP Ruling In Trade Secret Appeal

    Schlumberger Ltd. on Wednesday appealed a $600,000 award entered against it after a Texas judge threw out the majority of a lawsuit accusing its former chief intellectual property lawyer of sharing trade secrets, questioning whether the state's anti-strategic lawsuit against public participation statute had been properly used.

  • November 21, 2014

    Oiltanking-Enterprise $6B Deal Stiffs Unitholders, Suit Says

    Oiltanking Partners LP and its board of directors were hit with a putative class action in Texas federal court Thursday accusing them of pushing through a $6 billion two-step merger with pipeline company Enterprise Products Partners LP that stiffs unitholders.

Expert Analysis

  • What If States Opt Out Of EPA's Existing Source Rule?

    Scott C. Oostdyk

    The initial legal question surrounding the Obama administration's Clean Power Plan is whether long-standing principles of federalism allow the U.S. Environmental Protection Agency to compel states to enforce a federal program like it — legal precedent establishes that the EPA cannot, say Scott Oostdyk and Duncan Getchell Jr. of McGuireWoods LLP.

  • Free Trade, Comity And The Bankruptcy Code

    Debora Hoehne

    The free movement of goods, services, people and capital across territorial boundaries seems to be fertile ground for litigation regarding the enforcement of foreign judgments, as in the case of Elcoteq Inc., where the U.S. Bankruptcy Court for the Northern District of Texas tackled issues of comity and the extraterritorial reach of the automatic stay, says Debora Hoehne of Weil Gotshal & Manges LLP.

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • Keeping Pace With Texas Hail Claim 'Case-Runners'

    G. Brian Odom

    It cannot be legitimately disputed that the increasingly common practice of "case-running" among contractors, public adjusters and policyholder attorneys is in large part to blame for the increase in litigated Texas insurance claims — it is all about extracting additional money from the insurance industry, say G. Brian Odom and Tyler McGuire of Zelle Hofmann Voelbel & Mason LLP.

  • Why Can’t We Be (Facebook) Friends? You Be The Judge

    Peter J. Gallagher

    Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.

  • There Might Still Be Hope For Texas Franchise Tax Refunds

    Geoffrey Polma

    Companies whose Texas franchise tax liability would be reduced by applying the Multistate Tax Compact’s “three-factor” apportionment rather than Texas’ default “single-factor” apportionment should carefully monitor the progress of Graphic Packaging Inc. v. Combs, and should consider taking prophylactic action to preserve potential refund claims, say attorneys with Locke Lord LLP.

  • What The Hail Is Going On With Texas Insurance Claims?

    Brett A. Wallingford

    Devonshire Real Estate & Asset Management LP v. American Insurance Company illustrates many of the issues insurers face over hail claims, particularly that a claim is almost never wholly presented with the initial measure — there always seem to be additional supplements forthcoming and new allegations of damage in litigation, says Brett Wallingford of Zelle Hofmann Voelbel & Mason LLP.

  • Texas Cites Other States In Fighting A Fracking Ban

    Barclay Nicholson

    Motions filed by the Texas General Land Office and Texas Oil and Gas Association against Denton's hydraulic fracturing ban demonstrate that both parties have structured their filings in a manner to align with the reasoning of courts that have invalidated local fracking bans, say Barclay Nicholson and Johnjerica Hodge of Norton Rose Fulbright.

  • Seismic Events Shake Up Texas Rules On Injection Wells

    Barclay Nicholson

    While regulators in Texas have not gone as far as those in other states in claiming a link between injection wells and increased seismic activity, recently proposed rules impose new requirements for injection well permit applications and give the Texas Railroad Commission new monitoring and corrective authorities, say Barclay Nicholson and Jim Hartle of Norton Rose Fulbright.

  • 5 Ways To Uncover Bias During Jury Selection

    Joshua Dubin

    Failing to identify and elicit suppressed biases hinders practitioners’ ability to de-select prospective jurors during jury selection. Five strategies can help mitigate the effects of prospective jurors’ tendency to “self-enhance,” says Joshua Dubin, principal of Dubin Research & Consulting.