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March 08, 2024
20 States Urge Justices To Block 5th Circ. 'Ghost Gun' Ruling
The District of Columbia and 20 states are urging the U.S. Supreme Court to review a Fifth Circuit order that allowed two companies to sell so-called ghost guns, which lack serial numbers, saying that without federal regulation, soaring sales of the weapon kits has caused a spike in crime.
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March 08, 2024
Gerdau Steel Denied Fathers Parental Leave, Ex-Workers Say
Male steel mill workers for Gerdau were not allowed to take parental leave when their children were born unlike their female co-workers who were granted maternity leave, in violation of federal equal pay law, according to a proposed collective action filed in Texas federal court.
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March 08, 2024
No Sanctions Yet For 'Wrong More Than Right' BigLaw Atty
A Harris County judge on Friday denied a Houston firm's request to sanction a former associate despite noting that the now-BigLaw partner "has been wrong more than he's been right" during a suit he brought over $32,000 in back wages.
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March 08, 2024
Sorrento Gets OK For $2M Ch. 11 Funding Infusion, Asset Sale
A Texas bankruptcy judge on Friday approved drug developer Sorrento Therapeutics Inc.'s bid for an asset sale and $2 million in funds to fuel its Chapter 11 case, saying they represented the only option outside of a transition to Chapter 7.
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March 08, 2024
5th Circ. Shoots Down New Trial For Oil Workers' OT Row
A group of oil field workers missed their opportunity to unwind a jury verdict, the Fifth Circuit held, by waiting until two rounds of circuit court appeals were completed before filing a motion for a new trial.
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March 08, 2024
Texas Challenges EPA Methane Rule 'Overreach'
Texas on Friday sued the U.S. Environmental Protection Agency over sweeping methane emissions control requirements for oil and gas infrastructure that include the first-ever requirements for existing sources.
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March 08, 2024
Migrant Parole Program Survives GOP States' Challenge
A Texas-led coalition of states lost their bid to challenge a Biden administration program letting Cubans, Haitians, Nicaraguans and Venezuelans temporarily work in the U.S., after a federal judge ruled Friday they lack standing to sue over the program.
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March 08, 2024
Thompson Coburn Duo Lead 'Army Of Women' In Documentary
In waging an uphill battle against the city of Austin, Thompson Coburn LLP partners Jennifer Ecklund and Elizabeth Myers secured a groundbreaking settlement for sexual assault survivors whose cases were never prosecuted, but what they discovered was that standing up for the survivors meant more to them than that legal victory.
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March 08, 2024
Justices Urged To Review Immunity Law In Snapchat Abuse Suit
A man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15 is asking the U.S. Supreme Court to review a Fifth Circuit decision dismissing his claims, saying it's an ideal vehicle for the justices to fix an overbroad interpretation of Section 230 of the Communications Decency Act.
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March 07, 2024
Ginnie Mae Says Texas Bank Can't Use Oral Promises In Suit
The Government National Mortgage Association told a Texas federal court Wednesday that even if it made oral promises not to void a Texas Capital Bank's interest in a first-priority lien on a multimillion-dollar emergency loan, those promises don't hold up legally and the case should be dismissed.
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March 07, 2024
Petition Watch: Student Athletes, Oil Spills & Preemption
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.
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March 07, 2024
Xcel Energy Says It May Be To Blame For Texas Wildfire
Xcel Energy Inc. said Thursday that its facilities may have been involved in igniting one of the massive wildfires ravaging the Texas Panhandle, though it said it disputes the notion that it was negligent in maintaining and operating its infrastructure.
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March 07, 2024
Caliber Says Ex-Exec's Terms With Predecessor Still Apply
Caliber Home Loans Inc. has urged a Dallas federal court to reject a former executive's bid to trim a lawsuit accusing him of raiding the company's workforce when he defected for a competitor, arguing that a contract breach claim still stands even though he worked for a predecessor when he signed the contract at issue.
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March 07, 2024
'Hatchet Wielding' Killer Has No Part In Netflix Suit, Court Told
A Kentucky man who accused Netflix of wrongfully using his image in a true-crime documentary titled "The Hatchet Wielding Hitchhiker" has asked a Texas federal judge to keep the real hatchet-wielding hitchhiker out of his lawsuit, saying the convicted murderer has nothing to do with his litigation against the streaming giant.
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March 07, 2024
Nike, Others Score Win In 'Ballin' Campaign TM Suit
A Texas federal judge has officially thrown out a graphic designer's trademark infringement suit against companies like Nike Inc., agreeing with a magistrate judge's decision that found his use of the mark "ballin" was minor.
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March 07, 2024
5th Circ. Affirms Arbitration In Hurricane Coverage Feud
The Fifth Circuit has ordered the owner of a New Orleans luxury apartment and retail complex to arbitrate a dispute with its domestic surplus lines insurers over coverage for $7 million in hurricane damage, ruling that arbitration is permitted under a carveout in conflicting Louisiana state law.
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March 07, 2024
Full Fed. Circ. Denies Intel's Bid To Escape $1.5B VLSI Retrial
The Federal Circuit on Thursday stood by a panel's holding that Intel infringed a VLSI Technology computer chip patent, meaning the tech giant must face a trial to recalculate the $1.5 billion verdict originally issued by a Texas federal jury.
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March 07, 2024
Chemical Co. Says Arbitrator Set 'Impossible' Rule In Union Fight
A chemical manufacturer has asked a Texas federal court to undo an arbitration award in favor of a former employee accused of using his union to gain confidential information from the company's investigation into his behavior, saying the arbitrator "fashioned a legal standard that makes it nearly impossible" for companies to monitor workplace investigations.
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March 07, 2024
5th Circ. Backs NLRB On Nurse Fired Over COVID Complaints
The Fifth Circuit upheld on Thursday a National Labor Relations Board ruling finding a Texas home health company unlawfully fired a nurse who raised concerns about the company's handling of the COVID-19 pandemic, but cleared the company on the claim that it barred workers from discussing wages.
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March 07, 2024
Anadarko Keeps Win In Colo. Oil Biz Lease Fight
A Colorado appellate panel on Thursday rejected an oil and gas production company's claims that an Anadarko Petroleum subsidiary wrongfully terminated nearly two dozen leases, with the judges finding the agreements could be terminated upon written notice "for any reason or for no reason at all."
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March 07, 2024
Exxon Investors Say Shareholder Proposal Suit Is Moot
Activist investors Arjuna Capital and Follow This have again urged a Texas federal judge to dismiss a case against them brought by Exxon Mobil Corp., saying the company "refuses to take 'yes' for an answer" and is trying to run a proxy battle with the U.S. Securities and Exchange Commission through the case.
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March 07, 2024
American Airlines Says Frequent Flier Suit Belongs In Texas
American Airlines said Texas is the proper forum for a proposed class action in California alleging it improperly terminated customers' frequent flyer accounts and wiped out the value of the miles they accrued, saying AAdvantage program membership decisions are made in its Fort Worth headquarters.
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March 07, 2024
5th Circ. Backs Chevron Win In White Ex-Worker's Bias Suit
The Fifth Circuit declined to reinstate a white former employee's lawsuit accusing a Chevron Corp. subsidiary of firing him to advance its race equity goals, saying he failed to push back on the company's argument that he was fired for repeatedly using the N-word.
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March 07, 2024
Oil Co. Worker Says He Was Fired For Reporting Threats
A seven-year employee of National Oilwell Varco LP alleges that the company fired him after reporting that another worker made discriminatory comments toward him, including one instance in which he threatened him with a knife.
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March 07, 2024
Banking Groups Sue CFPB Over Credit Card Late Fee Rule
The U.S. Chamber of Commerce and bank trade groups sued the Consumer Financial Protection Bureau in Texas federal court on Thursday over its new rule to limit credit card late fees to $8, following through on a widely expected challenge to the potentially multibillion-dollar cut to industry revenues.
Expert Analysis
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
The Supreme Court Can't Fix The SEC's In-House Court Issue
The U.S. Supreme Court agreed to hear an appeal of the Fifth Circuit's decision in Jarkesy v. U.S. Securities and Exchange Commission that, if upheld, could shutter the in-house courts used by the SEC to litigate many of its enforcement cases, but a constitutional challenge to these courts is probably too blunt an instrument for the job, says David Slovick at Barnes & Thornburg.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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Opinion
Congress Should Pass Bipartisan Immigration Reform Bill
By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Opinion
Aviation Watch: Investigating The SpaceX Rocket Explosion
While the Federal Aviation Administration has promised to oversee an inquiry into the recent catastrophic failure of SpaceX's Starship/Super Heavy rocket, the agency's conflicts of interest and record of lax oversight make it imperative that an independent investigation be conducted, says Alan Hoffman, a retired attorney and aviation expert.
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Foreign Investment In Real Estate Is Getting More Complicated
Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows
The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.
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Why Pausing CFPB Small Biz Lending Rule May Be Prudent
The plaintiffs in the recently filed Texas Bankers Association v. Consumer Financial Protection Bureau are requesting a stay of the CFPB's expanded reporting requirements for small business loan applications — a wise option in light of the pending U.S. Supreme Court challenge to the agency's constitutionality, say P. Russell Perdew and Louis Manetti at Locke Lord.
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6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers
By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.
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Takeaways From Tribes' High Court Adoption Case Victory
The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.
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How Courts Are Treating SEC Disgorgement 3 Years After Liu
Following the U.S. Supreme Court's 2020 Liu decision on the U.S. Securities and Exchange Commission's ability to seek equitable disgorgement of defendants' net profits, case law is veering significantly in the SEC's favor, and there are four key issues to follow, say Amy Jane Longo and Brooke Cohen at Ropes & Gray.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.