Texas

  • July 30, 2014

    Kurdistan Government Will Fight $100M Oil Seizure In Texas

    Kurdistan's regional government on Wednesday vowed to challenge the attempted seizure of more than 1 million barrels of oil from a tanker floating near Galveston, Texas, which the Iraqi government claims was pumped illegally from wells in semiautonomous Kurdistan.

  • July 30, 2014

    Schlumberger's Ex-GC Wants Fees, Sanctions In IP Spat

    Schlumberger Ltd. could be slapped with a $611,000 attorneys' fees bill plus additional sanctions if a Texas judge decides the oilfield giant’s suit accusing its former intellectual property general counsel of stealing trade secrets lacks merit, according to Tuesday court filings.

  • July 30, 2014

    Enterprise Seeks New Trial After $500M Pipeline Judgment

    Enterprise Products Partners LP will seek a new trial against Energy Transfer Partners LP, its former ally in a crude oil pipeline project that won a $536 million judgment Tuesday after a jury found the two energy giants had formed a binding partnership to build the line.

  • July 29, 2014

    Texas Doubles Down On Same-Sex Marriage Fight In 5th Circ.

    Texas’ attorney general on Monday told the Fifth Circuit the state's ban on same-sex marriage doesn’t violate federal due process and equal rights protections, in a brief asking the appellate court to overturn a federal decision that found the law unconstitutional.

  • July 29, 2014

    Bankrupt Ship Co. CEO Casts $100M IP Suit Over Vessel Sale

    The CEO of troubled Taiwanese shipping firm TMT Group launched a suit in Texas federal court Monday, alleging that a planned bankruptcy sale of three company ships to Mega International Commercial Bank Co. Ltd. will strip him of intellectual property worth more than $100 million.

  • July 29, 2014

    Facebook Hit With $123M 'Revenge Porn' Suit Over Fake Pics

    Facebook Inc. has been hit with a $123 million "revenge porn" lawsuit in Texas state court by a Facebook user who says her former friend posted doctored photos depicting sexual acts, without her knowledge or consent, "to the Facebook world of 1.23 billion subscribers worldwide."

  • July 29, 2014

    Patent ‘Troll’ Accuses Adam Carolla Of Spurning Podcast Deal

    Personal Audio LLC on Tuesday threw some punches at comedian and star podcaster Adam Carolla, accusing him of soliciting money from fans to cover legal fees even though the podcast patent-holding company had agreed to dismiss its patent infringement suit against him.

  • July 29, 2014

    5th Circ. Axes Texas Bingo Law Limiting Political Speech

    The Fifth Circuit said Monday that a Texas law that prevents charities from spending money raised through bingo games on political lobbying imposes an impermissible restriction on free speech.

  • July 29, 2014

    Huntsman Investor Aims To Sue Over $7B Hexion Merger

    Funds managed by MatlinPatterson Global Advisers LLC on Monday asked the Texas Supreme Court to allow them to sue units of Deutsche Bank AG and Credit Suisse AG over the failed $6.5 billion merger involving Huntsman Corp., arguing they were wrongly limited to filing derivative claims.

  • July 29, 2014

    HTC Loses Attempt To Transfer Rockstar Suit To California

    HTC Corp. on Tuesday lost a bid to move to California a lawsuit that alleges the company — and several others, including Google Inc. and Samsung Electronics Co. Ltd. — infringed on patents that Apple Inc.-based Rockstar Consortium US LP bought for $4.5 billion.

  • July 29, 2014

    Hyundai, Kia, Honda Win Transfer Of Patent Suits To Mich.

    A Texas magistrate judge on Tuesday ruled that several patent infringement suits brought against Hyundai Motor Co., Kia Motors Corp. and American Honda Motor Co. by American Vehicular Sciences LLC should be transferred to the Eastern District of Michigan, citing a recent Federal Circuit order.

  • July 29, 2014

    Texas Judge Orders Seizure Of $100M Of Kurdistan Oil

    A Texas federal judge on Monday ordered the seizure of more than 1 million barrels of oil from a tanker floating near Galveston on the basis of claims from the Iraqi government the oil was pumped illegally from wells in Kurdistan. 

  • July 29, 2014

    Waste Management Seals $2B Sale Of Renewables Unit

    Waste Management Inc. is set to sell its renewable energy generation subsidiary to an affiliate of private equity firm Energy Capital Partners for $1.94 billion, the companies said Tuesday, as Waste Management attempts to focus on its core business.

  • July 28, 2014

    Locke Lord Adds Former Dentons Energy Partner In Dallas

    Locke Lord LLP has bolstered its energy and corporate practices in Dallas and Houston, picking up a former Dentons partner who specializes in mergers and acquisitions, development projects and financing for energy companies, the firm announced Monday.

  • July 28, 2014

    Jones Morris Sued For $6M Over Bungled Wrongful Death Case

    Jones Morris Klevenhagen LLP has been slapped with a $6 million malpractice suit in Texas state court, which accuses the law firm of bungling a wrongful death suit against a Houston hospital and several medical providers, causing the litigation to be dismissed.

  • July 28, 2014

    Vascular Solutions Settles Ex-Sales Rep's FCA Suit

    Vascular Solutions Inc. will pay $520,000 to resolve a whistleblower's False Claims Act suit accusing the company of inducing physicians to bill federal health programs like Medicare for an unapproved treatment of varicose veins, the U.S. Department of Justice said Monday.

  • July 28, 2014

    Schlumberger's Ex-GC Seeks Dismissal Of Trade Secrets Suit

    Schlumberger Ltd.'s former general counsel for intellectual property asked a Texas judge on Monday to throw out a lawsuit her former employer filed against her, saying the oilfield services giant has no proof she stole trade secrets before going to work for patent holding company Acacia Research Group.

  • July 28, 2014

    Texas Lawmaker Appeals To Dodge Deposition In $26M Suit

    A Texas lawmaker has asked a state appeals court to reverse a judge’s decision allowing the Mostyn Law Firm to take his deposition in a $26 million lawsuit that accuses the state’s windstorm insurer of improperly denying a school district’s hurricane damage claims.

  • July 28, 2014

    Nixed $750M BP Dividend Suit To Be Appealed To 5th Circ.

    A plaintiff in a putative class action dismissed last month accusing BP PLC of failing to pay a promised $750 million in dividends to shareholders shortly after the 2010 Deepwater Horizon spill is appealing the decision to the Fifth Circuit.

  • July 28, 2014

    EPA Should Update Fracking Pollution Regs, GAO Says

    A U.S. Environmental Protection Agency program that prevents pollutants associated with hydraulic fracturing from contaminating groundwater in eight states, including California, Pennsylvania and Texas, is outdated and lacks sufficient muscle, according to a report released by a government watchdog on Monday.

Expert Analysis

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Clearer Standard For Multiple Source Causation In Texas

    James E. Smith

    For defendants, perhaps the most important task will be to impress upon trial judges just how rigorous plaintiffs must be to meet the Supreme Court of Texas' standard in Bostic v. Georgia-Pacific Corp. — any failure to present an opinion based on generally acceptable methodologies as to any component will doom the plaintiff to summary judgment, directed verdict or reversal on appeal, says James Smith of Porter Hedges LLP.

  • 5th Circ. May Have Created New Rule On Policy Exhaustion

    Stephen P. Pate

    The Fifth Circuit's ruling in Indemnity Ins. Co. of N. Am. v. W&T Offshore Inc. is important because many believed it was implied in umbrella/excess policies that only damages covered by them would count against their retained limit — now carriers wishing to restrict damages against such limits must expressly state so in policies, says Stephen Pate of Norton Rose Fulbright.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Code Trumps Contract In The 5th Circ.

    Debra McElligott

    The Fifth Circuit opinion in Goldsby v. 804 Congress suggests that even where parties agree upon foreclosure-related fees, costs and charges before a bankruptcy, Section 506(b) of the Bankruptcy Code may still trump the provisions of their contract, says Debra McElligott of Weil Gotshal & Manges LLP.

  • Costs And Benefits Of Opting Out Of Texas' Workers' Comp

    Janet A. Hendrick

    Because Texas' workers' compensation is a "no fault" program, employees of subscribers are rarely allowed to sue their employer for damages in connection with work-related injuries, however employees of nonsubscribing employees may bring negligence and related claims as a result of on-the-job injuries, says Janet Hendrick of Fisher & Phillips LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Texas High Court Provides Certainty Over O&G Operations

    Stephanie E. Kinzel-Tapper

    The Texas Supreme Court's recent ruling in Marcia Fuller French v. Occidental Permian Ltd. upheld the settled expectations of parties to oil and gas leases and confirmed they apply even with respect to enhanced recovery operations — welcome news to lessors with such operations, say Stephanie Kinzel-Tapper and Carter Williams of Sutherland Asbill & Brennan LLP.