Texas

  • May 2, 2016

    Miss. Metal Co. Asks 5th Circ. To Toss Air Permit Suit

    Mississippi Silicon LLC and the state of Mississippi urged the Fifth Circuit Monday to let stand a lower court’s dismissal of a rival metal company's lawsuit challenging MS Silicon's state-issued air permit, saying federal courts have no jurisdiction to review such authorizations.

  • May 2, 2016

    Texas Justices Give Cities Back-Seat Role On Emissions

    The Texas Supreme Court’s Friday decision to invalidate part of Houston’s air pollution control ordinance doesn’t completely cut out cities from monitoring compliance with emissions standards, but it does leave state regulators firmly in the driver’s seat when it comes to cracking down on alleged violators.

  • May 2, 2016

    Yogurt Consumers Want Dairy Kept In Sugar Content MDL

    Yogurt eaters angry over the amount of sugar in Whole Foods’ private-label Greek yogurt urged a Texas federal court not to dismiss their claims against the Ontario-based dairy that makes it, saying the Hague Convention shouldn’t be allowed to complicate a suit that now appears to contain two live complaints.

  • May 2, 2016

    Dallas Jury Awards $10.9M To Bus Crash Victims' Families

    A Dallas County jury on Monday awarded a combined $10.9 million in damages to the estates of two women killed in a deadly 2013 crash of a charter bus carrying mostly senior citizens to the Choctaw Casino Resort in Oklahoma, according to a press release.

  • May 2, 2016

    Developer Lacks Standing To Fight Legal Fees In Paxton Case

    A Texas appellate court on Friday nixed the latest attempt to cap legal fees for special prosecutors who are pursuing felony securities fraud charges against Texas Attorney General Ken Paxton, finding that the man who brought the suit had no standing to do so because he was not a party to it.

  • May 2, 2016

    Greenberg Traurig Sued Over $2M In Pay From Bankrupt Firm

    An agent representing the bankruptcy estate of a Houston-based medical center management company told a Texas federal judge Friday that Greenberg Traurig LLP should return more than $2.2 million in legal fees it received for representing the insolvent company’s owner.

  • May 2, 2016

    Texas Pol's Law License Suspended During Criminal Appeal

    The Texas Board of Disciplinary Appeals decided Monday that a state politician running for re-election will have to surrender his law license while he appeals a criminal conviction that he illegally solicited clients through kickbacks.

  • May 2, 2016

    Texas Gets Extension On $3.7B Medicaid Waivers

    The Centers for Medicare and Medicaid Services on Monday granted Texas a 15-month extension on waivers for two $3.1 billion programs, largely funded by the federal government, meant to expand access to health care.

  • May 2, 2016

    Ultra Petroleum, Midstates Petroleum Latest To Hit Ch. 11

    Ultra Petroleum Corp. and Midstates Petroleum Co. Inc. in Texas became the latest oil and gas companies to file for bankruptcy to restructure billions of dollars in debt, filings that credit ratings agency Fitch Ratings on Monday said propelled the default rate on high-yield energy bonds to a record high amid an ongoing oil price slump.

  • May 2, 2016

    Failed Halliburton-Baker Hughes Deal Was Always A Long Shot

    The decision by Halliburton Co. and Baker Hughes Inc. to scuttle their $34.6 billion merger is the final nail in the coffin for a deal seemingly destined for the graveyard amid fierce resistance from competition regulators, and experts say its failure indicates that large, highly integrated companies aren't ideal merger candidates in the current antitrust environment.

  • May 2, 2016

    High Court Won't Review $6M Win For Allstate In RICO Case

    The U.S. Supreme Court on Monday declined to consider a challenge by a network of chiropractors, lawyers and telemarketers to a $6 million award for Allstate in its Racketeer Influenced and Corrupt Organizations Act suit over allegedly fraudulent insurance claims.

  • May 2, 2016

    Munsch Hardt Snags Norton Rose Bankruptcy Pro In Houston

    Texas-based commercial law firm Munsch Hardt Kopf & Harr PC has expanded its bankruptcy, financial restructuring and insolvency practice group with the addition of senior attorney John Cornwell, who left Norton Rose Fulbright LLP.

  • May 2, 2016

    Stinson Atty, Others Fouled $200M AT&T Unit Deal, Suit Says

    A Stinson Leonard Street LLP attorney covertly worked with his client's business partners to sabotage an at least $200 million deal with an AT&T Inc. unit to develop and market international cellphone SIM cards, according to a suit filed in Texas federal court Friday.

  • May 2, 2016

    High Court Won't Hear BP Investors' Class Cert. Appeal

    The Supreme Court on Monday declined to consider whether a group of investors who bought BP stock before the Deepwater Horizon disaster were improperly denied class certification, leaving intact a Fifth Circuit decision finding the investors couldn’t calculate damages across the class.

  • May 2, 2016

    EFH Judge Won't Rush First Stage Of New Ch. 11 Plan Push

    A Delaware bankruptcy judge on Monday denied Energy Future Holdings Corp.’s bid to fast-track the first steps of the schedule for its new Chapter 11 plan, writing over language in the proposed order that said it “is in the best interests of the debtors” and adding the word “not.”

  • May 1, 2016

    Halliburton, Baker Hughes Abandon $35B Tie-Up

    Halliburton and Baker Hughes on Sunday called off their $34.6 billion merger, which faced an antitrust challenge from the U.S. Department of Justice and resistance from the European competition authorities.

  • May 1, 2016

    EFH Unveils New Ch. 11 Plan After $20B Oncor Deal Falters

    Energy Future Holding Corp. filed a new Chapter 11 plan Sunday that features alternative options for dealing with the power giant’s stake in electricity transmission unit Oncor after the roughly $20 billion deal at the heart of a prior strategy fell apart.

  • April 29, 2016

    EFH Has Few Good Options After Big Bet On Oncor Deal Sours

    Energy Future Holdings Corp. has few immediate options to regroup after its innovative $20 billion gamble to reorganize its electricity transmission unit Oncor into a real estate investment trust appears to be history, leaving the mega-Chapter 11 in a state of costly and uncomfortable uncertainty, experts say.

  • April 29, 2016

    Punished Atty Asks High Court To Find Conflict Of Interest

    An attorney punished for his behavior during a trial has asked the Supreme Court to decide whether it's fair that opposing counsel — obviously interested in the trial's outcome and in possible monetary sanctions in favor of their client — was also responsible for prosecuting his suspension, saying it's a conflict of interest.

  • April 29, 2016

    5th Circuit Affirms Slashed Atty Fees In Hospital FCA Suit

    The Fifth Circuit Court of Appeals Friday upheld a Texas federal judge's ruling awarding just over a third of the $2.08 million in attorneys' fees requested in a whistleblower's False Claims Act suit accusing a hospital of overbilling, finding that the attorneys' billable hours failed to adequately break down their work.

Expert Analysis

  • Fed. Circ. Clarifies Venue Selection In Patent Cases

    Jayme Partridge

    The likely impact of the Federal Circuit's decision last week in TC Heartland is that the Eastern District of Texas and the Northern District of California will continue to be popular venues for patent cases and that patent case filings in those districts will increase for 2016, say attorneys with Patterson & Sheridan LLP.

  • Laying The Groundwork For Automotive E-Titles

    Jason S. McCarter

    If implemented as written, the National Highway Traffic Safety Administration's proposed rules for electronic odometer disclosures will affect dealers, lenders, distributors and auction companies as well as ordinary consumers. While the changes are expected to result in cost savings for most they may also cause short-term uncertainty and security concerns, say Jason McCarter and Hannah Winiarski at Sutherland Asbill & Brennan LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Obama Immigration Case: Interpreting The Oral Arguments

    Sujata Ajmera

    While the U.S. Supreme Court has indicated there is some hope for a final resolution over the Obama administration's immigration action, in reality, the chances of a decision one way or another on all of the issues presented is unlikely, and we will likely have a new president and different Congress when we get the final word on the validity of the policy at issue, says Sujata Ajmera at Strasburger & Price LLP.

  • State Tax Fallout From Federal Related-Party Debt Plan

    Jeffrey A. Friedman

    Recently proposed regulations that would create sweeping changes to the federal income tax treatment of related-party debt could also have far-reaching effects for state income tax purposes, particularly on the deductibility of intercompany interest expenses in states that do not adopt consolidated returns or similar rules, say Jeffrey Friedman and Madison Barnett of Sutherland Asbill & Brennan LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Texas Hail Claims: Dealing With Multiple Disasters At Once

    David Winter

    North Texas recently experienced a series of significant hailstorms, bringing up issues commonly associated with insurance claims arising from multiple events over a short period of time, like how to calculate multiple deductibles and when to provide notice, says David Winter at Zelle LLP.

  • Challenges To State E-Waste Laws Face Tough Battle

    Joseph S. Kakesh

    As recently demonstrated by a federal district court in Connecticut, because states have a relatively easy standard to meet when proving that e-waste recycling programs match state interests, it's not clear that future challenges to such programs on equal protection bases will be successful at the trial court level, says Joseph Kakesh at Wiley Rein LLP.

  • When A Contract 'Runs With The Land' — A Look At The Laws

    Michael G. Connelly

    The determination of whether an oil producer may avoid the burdens of a gathering agreement through rejection in bankruptcy has boiled down to whether the agreement "runs with the land." The applicable state requirement of when an agreement runs with the land will not only determine bankruptcy disputes, but will also inform the negotiation of future gathering agreements, say Michael Connelly and David Fournier of Pepper Hamilton LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.