• October 9, 2015

    Texas County DA Dodges Misconduct Suit Over Drug Case

    A Texas state judge on Friday tossed twin misconduct suits brought by the Texas bar association's disciplinary commission accusing a county district attorney and one of his senior prosecutors of mishandling a drug case, ruling that the claims had no basis in the law.

  • October 9, 2015

    Texas High Court Revives Wyatt Appeal For Hurt Workers

    The Texas Supreme Court on Friday agreed to revive a bid for mandamus relief against Wyatt Field Service Co. by two workers injured in an Exxon Mobil Corp. refinery steam explosion, after previously denying their petition four months ago.

  • October 9, 2015

    Texas Justices Won't Hear Sierra Club Suit Over Waste Permit

    The Texas Supreme Court said Friday it will not take up the Sierra Club’s case challenging rulings that it was not entitled to a trial-like hearing before the Texas Commission on Environmental Quality over its grant of a radioactive waste disposal permit.

  • October 9, 2015

    Texas Justices Won't Review Worker's Vacated $4.7M Award

    The Texas high court on Friday declined to review an appeals court’s decision to reverse a $4.7 million judgment against Oncor Electric Delivery for negligence in the 2007 electric shock injury of a demolition employee.

  • October 9, 2015

    Texas Justices Will Review Tax On 'Small Tobacco'

    The Texas Supreme Court agreed Friday to review the legality of a 2013 state law deemed unconstitutional by both a trial and an appellate court that levies a tax on small cigarette manufacturers who have avoided paying fees following a 1998 settlement with several large tobacco companies.

  • October 9, 2015

    Texas High Court Won't Rehear Kachina Pipeline Contract Row

    The Texas Supreme Court refused to reconsider its ruling that an agreement between Kachina Pipeline Co. and a developer didn’t entitle the company to deduct the costs of compression from its payments to the developer, according to a decision issued Friday.

  • October 9, 2015

    Injured Tyson Worker Says Company Got Rid Of Evidence

    A chicken processing plant worker suing Tyson told a Texas federal court Thursday the company had replaced the metal bar that smashed his eye socket while he was opening chicken cages, and asked the court to level the playing field with sanctions.

  • October 9, 2015

    Google, Facebook Lose Bid to Toss Email Patent Suit

    Google, Facebook and Amazon on Thursday lost attempts to toss an Australian company’s suit claiming the companies are infringing a long-standing email patent, when a Texas federal judge found that a dismissal before a claims construction hearing would be premature.

  • October 9, 2015

    Texas Business Firm Hires RE Pro From Greenberg Traurig

    Plano, Texas-based firm Ferguson Braswell & Fraser PC has expanded its real estate practice with the addition of a former Greenberg Traurig LLP associate as a shareholder in its commercial real estate group whose expertise will help the firm capitalize on North Texas’ growing market, the firm said.

  • October 9, 2015

    Sandal Maker Accuses Famous Footwear Of Stealing Designs

    Famous Footwear was hit with a suit Friday in Texas federal court accusing it of ripping off the Bernardo fashion brand’s distinctive sandal design and selling the knockoffs extensively throughout the U.S.

  • October 9, 2015

    EmCare Says Sex Harassment Case Relied On Shaky Evidence

    Medical services provider EmCare Inc. urged a Texas federal court Thursday to undo a nearly $500,000 jury verdict for three former employees who were terminated after they reported workplace sexual harassment, disputing the plaintiffs’ assertion that the conclusion was based on sound evidence and also challenging the award of punitive damages.

  • October 8, 2015

    5th Circ. Bars Some Fishers' Oil Spill Claims Against Barge Co.

    The Fifth Circuit on Thursday partially upheld a ruling that let a group of fishers proceed with their claims against American Commercial Lines LLC over an oil spill that tainted fishing grounds along the Mississippi River, but the appeals court booted some of the plaintiffs for pursuing litigation too soon after filing their Oil Pollution Act claims.

  • October 8, 2015

    Texas Sues VW, Audi Over Consumer, Enviro Violations

    The state of Texas is going after Volkswagen and Audi for allegedly rigging some of their cars to pass diesel emissions tests, with the state’s attorney general on Thursday slapping the automakers with two lawsuits claiming violations of consumer protection laws and clean air standards.

  • October 8, 2015

    Contractor Asks 5th Circ. To Cut Fees In Construction Row

    A contractor hired to build a New Orleans elementary school has asked the Fifth Circuit to reverse a lower court’s ruling that it owes penalties and attorneys' fees to a subcontractor over delayed payments, saying the ruling appeared to suggest the contractor was justified in withholding some of the money.

  • October 8, 2015

    Flooring Co. Can't Quash Insurer's Coverage Suit In Texas

    A Texas federal judge on Wednesday kept alive a lawsuit by Maxum Indemnity Co. claiming it has no duty to defend a Florida flooring company accused of supplying defective hardwood to a San Antonio office building, finding that the court had proper jurisdiction over the case.

  • October 8, 2015

    Jones Day Nabs Assistant US Atty For White Collar Practice

    Jones Day has lured another federal official back into private practice, nabbing an assistant U.S. attorney with experience handling high-profile prosecutions to bolster the firm’s investigations and white collar defense practice in Houston, the firm announced on Thursday.

  • October 8, 2015

    Jury Clears National Oilwell Of Employee Racism Claims

    A Texas federal jury has returned a verdict in favor of National Oilwell Varco LP in an employment discrimination suit launched by eight African-Americans seeking $120 million for alleged acts of retaliation and a hostile work environment where, they said, racial slurs were commonplace.

  • October 8, 2015

    Jackson Walker Hit With DQ Bid In Energy Contract Spat

    Japanese banking giant Sumitomo urged a Texas federal court Wednesday to disqualify Jackson Walker LLP from representing a Texas utility in its contract dispute with a wind farm operator, arguing the law firm's previous representation of the bank created a conflict of interest.

  • October 8, 2015

    Dallas, Southwest, Delta, Feds Urge Action In Gate Suit

    While Delta and Southwest Airlines both made their cases to a Texas federal judge Wednesday on why they deserve to control gates at a publicly owned airport, the city of Dallas said it was neutral, but urged a preliminary decision amid competition concerns.

  • October 7, 2015

    Stanford Receiver Scores $50M Win Against Ex-Treasurer

    A Texas federal jury said the former treasury manager for R. Allen Stanford’s $7 billion Ponzi scheme is liable for $50 million in damages for breaching her fiduciary duty to Stanford’s bank, the receiver for Stanford’s victims announced Wednesday.

Expert Analysis

  • 10 Ways To Become A 360-Degree Lawyer

    Rosario Lozada Schrier

    Whether you’re a millennial joining the profession or a seasoned veteran, the challenges posed by the current legal market compel everyone to adapt and innovate. Law professors Rosario Schrier and Annette Torres team up to offer 10 tips to develop a more diverse skill set.

  • Phishing For Coverage: When Is Fraud A 'Computer Fraud'?

    John C. Pitblado

    As the calendar has turned to October — aka “Cybersecurity Awareness Month” — cyberinsurance industry watchers continue to seek clarity on what exactly constitutes “computer fraud.” A look at three recent cases in New York and Texas reveals the ways courts are struggling with this issue, says John Pitblado of Carlton Fields Jorden Burt.

  • Waiving The Right To Appraisal Just Got Easier In Texas

    Kristin C. Cummings

    Since the Texas Supreme Court's decision in the case of Universal Underwriters of Texas Insurance Co., both insureds and insurers have been able to wait well into litigation to demand appraisal. However, recent decisions indicate Texas courts may be taking a closer look at how delays in demanding appraisal can cause prejudice to the other party, says Kristin Cummings at Zelle Hofmann Voelbel & Mason LLP.

  • Migratory Birds Of A Feather Don't Always Flock Together

    Laura G. Zagar

    The scope of the Migratory Bird Treaty Act's take prohibition has become a key issue in the energy industry, both in the criminal and civil context, and the Fifth Circuit's ruling in United States v. Citgo Petroleum Co. that the MBTA's take prohibition is limited to only intentional take of migratory birds further widens a circuit split and perpetuates regulatory uncertainty, say attorneys at Perkins Coie LLP.

  • A Case Study On How To Decertify Common Defect Classes

    Emily L. Pincow

    The arguments the U.S. District Court for the Northern District of Texas accepted in Shane Galitsky v. Samsung Telecommunications America LLC when denying certification of a class of California smartphone consumers may also be applicable in other consumer class actions attempting to certify a class on the basis of a common defect, says Emily Pincow of Weil Gotshal & Manges LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.

  • Lessor-Lessee Relations After Shale's Honeymoon Period

    Jonathan Baughman

    If the shale boom honeymoon period ever existed, it may not survive the current environment, resting on a foundation of dropping oil prices, shrinking royalty payments, expiring primary terms and slowing development programs. Sluggish drilling activity and slumping oil prices are placing additional strain on lessor-lessee relationships, say Austin Brister and Jonathan Baughman of McGinnis Lochridge LLP.

  • The Ethics Of Using Public Adjusters As Expert Witnesses

    Todd M. Tippett

    There are no Texas cases addressing whether it's ethical for an attorney to present a public adjuster as a witness when the public adjuster is entitled to a contingent fee, but a Texas Center for Legal Ethics opinion and case law from other states help shed some light on this issue, says Todd Tippett at Zelle Hofmann Voelbel & Mason LLP.