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Texas
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March 25, 2024
Jackson Walker Dismissal Bid Says Atty Lied About Romance
A former Jackson Walker LLP partner at the center of an ethics scandal over her relationship with a then-Texas bankruptcy judge was dishonest when questioned about the romance, the firm said Friday in seeking to escape a federal racketeering lawsuit.
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March 25, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
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March 25, 2024
Black La. Residents Ask 5th Circ. To Revive Pollution Suit
Black Louisianans are asking the Fifth Circuit to revive their lawsuit that alleges St. James Parish's government and the state Legislature intentionally approved harmful petrochemical facilities in predominantly Black districts and protected predominantly white districts from those facilities.
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March 25, 2024
MNC Capital Ups Vista Outdoor Takeover Bid To $3B
Dallas, Texas-based investment firm MNC Capital Partners on Monday upped its proposed takeover bid of Vista Outdoor Inc. by approximately $1 billion after the company rejected its initial offer, now offering roughly $3 billion to purchase the sporting and outdoor products company.
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March 25, 2024
Texas Judge Extends Stay On Border Wall Funding Order
A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.
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March 25, 2024
Lender Curo Group Hits Ch. 11 To Slash $1B In Debt
Consumer lender Curo Group Holdings Corp. filed for Chapter 11 protection in Texas on Monday with a plan of reorganization supported by a majority group of creditors, saying it crumbled under a $2.1 billion debt load with high interest rates.
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March 22, 2024
Feds Delay Community Lending Assessment Change To 2026
Federal banking regulators have pushed back a looming implementation date for part of their revamped community lending rules, delaying the roll-out of certain changes in a move that is raising fresh criticism of the rulemaking amid an industry-backed legal challenge.
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March 22, 2024
Cheerleading Giant Varsity Spirit Must Face Antitrust Suit
A Texas federal court has refused to toss a suit accusing Varsity Spirit of working with competitive cheerleading governance bodies to boycott potential rivals and maintain its dominance over the sport.
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March 22, 2024
Intel Seeks Delay Of VLSI Damages Retrial Due To Patent Ax
Intel has asked Western District of Texas Judge Alan Albright to hold off on a damages retrial in a case where the Federal Circuit vacated a $1.5 billion chip patent verdict won by VLSI, saying the case should be held while VLSI appeals a decision invalidating the patent.
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March 22, 2024
Activists Press Full 5th Circ. To Nix Nasdaq Diversity Rule
Conservative groups opposing a requirement that Nasdaq-listed companies publicly disclose board diversity data are pressing the full bench of the Fifth Circuit to declare the rule unconstitutional, arguing the U.S. Securities and Exchange Commission's involvement in the rulemaking process transforms the requirement into an unconstitutional restraint on free speech.
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March 22, 2024
Real Estate Authority: NAR, Climate, Data Center Dollars
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on how the National Association of Realtors could shift broker fees, what the country's patchwork of climate action plans means for real estate, and why private equity is hot on data centers.
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March 22, 2024
Nexstar Faces $1.2M Fine For 'De Facto' Control Of NY Station
The Federal Communications Commission has floated a $1.2 million fine against TV giant Nexstar Media Group Inc. after discovering it obtained "de facto" control of a New York City station and exceeded the FCC's 39% national ownership cap.
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March 22, 2024
Dril-Quip Investor Alleges Merger Will Entrench Board
A shareholder of oil drilling equipment company Dril-Quip Inc. hit its directors with a proposed class action in Delaware Chancery Court, alleging they added unreasonable provisions to the terms of its merger with Innovex Downhole Solutions Inc. to disenfranchise shareholders.
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March 22, 2024
5th Circ. Lifts SEC Climate Rule Stay After 8th Circ. Lottery Win
The Fifth Circuit on Friday lifted a temporary block on the implementation of the U.S. Securities and Exchange Commission's new emissions reporting requirements, following the selection of the Eighth Circuit as the venue for consolidated proceedings of the various suits about the agency's controversial rules.
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March 22, 2024
Occidental Says Ex-Worker Wasn't Fired For Disability
Houston-based Occidental Petroleum Corp. says that it didn't interfere with a former employee's access to leave under the Family and Medical Leave Act and didn't retaliate against him for seeking leave, telling a Texas federal court Friday that the worker's suit should be tossed because any damages he may have suffered were his own doing.
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March 22, 2024
5th Circ. Axes EPA's PFAS Enforcement Against Plastic Co.
The Fifth Circuit threw out two enforcement actions against a Texas plastic-container manufacturer that the U.S. Environmental Protection Agency accused of creating perfluoroalkyl and polyfluoroalkyl substances in its manufacturing process, saying the agency exceeded its statutory authority.
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March 22, 2024
Legal Scholar Rips Texas' 'Invasion' Defense Of Border Buoy
A Cato Institute scholar warned the Fifth Circuit against accepting Texas' claim of a migrant "invasion" to justify installing buoys by the border, saying Friday that accepting the claim could also empower the federal government to arrest people with impunity.
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March 22, 2024
US Antitrust Enforcers Keep Big Tech Cases Coming
A backlash against powerful tech companies is reaching a fever pitch in the U.S., as enforcers with the U.S. Department of Justice and the Federal Trade Commission now have pending lawsuits accusing Apple, Amazon, Google and Meta of monopolizing key digital markets.
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March 22, 2024
Ex-Ga. Insurance Head Cops To Healthcare Kickback Scheme
Former Georgia Insurance Commissioner John Oxendine pled guilty Friday to working with an Atlanta-area doctor to run a multimillion-dollar medical testing kickback scheme just weeks before he was set to face trial in federal court.
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March 22, 2024
5th Circ. Asked For Do-Over In Hurricane Coverage Feud
The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.
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March 22, 2024
5th Circ. Revives Coverage Row Over SXSW Ticket Refunds
Texas music festival South by Southwest's insurer must cover its defense in a class action by ticket holders who didn't receive refunds after the city of Austin canceled the March 2020 event because of the COVID-19 pandemic, the Fifth Circuit said, reviving the dispute.
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March 22, 2024
What Patent Attys Should Know About 5th Circ. Transfer Case
Federal Circuit practitioners should have their eye on a precedential Fifth Circuit decision from earlier this month that provided new guidance on weighing factors used to analyze whether to transfer a case, in particular factors related to court congestion and convenience for witnesses.
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March 22, 2024
Albright Denies Salesforce Bid For Patent Sanctions
Salesforce.com Inc. waited too long to pursue sanctions against a prolific patent litigator who already voluntarily dismissed claims brought in a federal suit in Texas, U.S. District Judge Alan D. Albright has ruled, agreeing with a magistrate judge's report and recommendation to toss the sanctions bid.
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March 22, 2024
DOJ Atty And Magistrate Judge Secure Texas Court Seats
The Senate voted 88-7 on Friday to confirm Ernest Gonzalez, a senior attorney adviser in the U.S. Department of Justice's Criminal Division, Narcotics and Dangerous Drugs Section, and then 90-8 to confirm U.S. Magistrate Judge Leon Schydlower both to the Western District of Texas.
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March 21, 2024
Fossil Knew About Harassment, Texas Supreme Court Hears
Fossil Group Inc. contends that it didn't know about workplace sexual harassment happening at a Texas store, but Texas Supreme Court justices seemed skeptical of the company's argument that the victim didn't notify the company, even though she alleges she sent an email about the harassment.
Expert Analysis
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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What Came Of Texas Legislature's Long-Promised Tax Relief
Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.
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Insurance Ruling Shows Notice Letters Need Close Review
A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Insurance Insights From 5th Circ. Blue Bell Coverage Ruling
The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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4 Things Cos. Must Know About Texas' New Business Courts
A recently passed Texas law will create a special court system to handle the state's increasingly large business dispute docket — but there are several key features of the new business courts that companies and their legal teams must understand before their cases are filed, say Nicholas Bruno and Madison Moore at Beck Redden.
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Micromobility Can Lead To Macro Liability For Cities, Cos.
E-bike and scooter manufacturers and rental operators, as well as the cities that host such services, must be aware of the major litigation risk associated with the growing number of serious accidents and injuries involving such micromobility devices — and should track emerging regulations in this area, says Arturo Aviles at Segal McCambridge.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.