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April 01, 2024
Texas Judge Halts New Community Lending Rules For Banks
A Texas federal judge has ordered a halt to the rollout of federal banking regulators' recently revamped rules intended to spur bank lending in underserved communities, granting a preliminary injunction sought by bank industry trade groups suing to overturn the changes.
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April 01, 2024
DeSantis Ducks Mass. Suit Over Migrant Flights
A Massachusetts federal judge has released Florida Gov. Ron DeSantis and most other defendants from a proposed class suit by a group of migrants who claim they were duped into boarding flights to Martha's Vineyard, ruling that the court lacked jurisdiction.
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April 01, 2024
Schumer Warns Texas Court Not To Continue Judge Shopping
The U.S. Senate will consider legislation to curtail judge shopping after the Northern District of Texas' chief judge rejected calls for the district to take steps to end the "odious" practice on its own, the Senate leader said Monday.
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April 01, 2024
Nelson Mullins Expands In Texas With New Houston Shop
Nelson Mullins Riley & Scarborough LLP has opened its second location in Texas with a Houston office that will initially be made up of 11 litigation and corporate attorneys, the firm announced Monday.
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April 01, 2024
Evidence Issues Make Election Case 'Problematic,' Court Told
A sitting Harris County criminal district judge told a Texas state court on Monday that a Republican judicial candidate challenging the 2022 election results has built a "problematic" case riddled with evidence flaws as he fought off the woman's bid for a do-over of the election.
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April 01, 2024
In East Texas, Korean Biz Bags $10M Verdict Over 5G Patents
Jurors in Texas federal court ordered a Chinese phone manufacturer on Monday to pay more than $10 million to Korean entity Pantech in a patent dispute over technology used to comply with 5G wireless standards.
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March 29, 2024
Northern Texas Judges Won't Adopt Judge-Shopping Rule
Judges with the Northern District of Texas have opted not to make any changes to how cases are assigned, despite a recent letter from Senate Majority Leader Chuck Schumer urging the district to implement an updated policy aiming to prevent litigants from judge shopping, the district's chief judge said Friday.
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March 29, 2024
Hogan Lovells Vet's High Court Debut A Study In Contrasts
Several weeks ago, when a Hogan Lovells lawyer finally delivered U.S. Supreme Court arguments after 20 years at the firm, she parsed arcane arbitration issues and her words weren't widely heard outside the courtroom. But weeks later and back at the high court podium, her words were heard nationwide when she pointedly spotlighted a judge's use of "anonymous blog posts" in a bombshell abortion ruling.
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March 29, 2024
Intel License Defense Tossed In Calif. VLSI Patent Case
A California federal judge on Friday threw out Intel's counterclaim arguing that it has a license to VLSI's microchip patents in a multibillion-dollar dispute, indicating that it can be raised in a separate case.
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March 29, 2024
High Court SEC Case May Bear On DOJ's Immigration Probes
A highly anticipated Supreme Court decision on the constitutionality of the U.S. Securities and Exchange Commission's tribunal body could lend support to Walmart and SpaceX in immigration enforcement proceedings, and it may even have the potential to strike the foundation of immigration courts.
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March 29, 2024
5th Circ. Stays CFPB Late-Fee Rule Suit's Move To DC
Bank industry groups challenging the Consumer Financial Protection Bureau's $8 credit card late fee standard have been granted a short-term Fifth Circuit stay of a Texas federal judge's move to send their lawsuit across the country to D.C. federal court.
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March 29, 2024
BP Hid Negative Effects Of Pension Changes, Judge Says
A Texas federal judge sided with a class of over 7,000 BP retirees who alleged that the oil giant meddled with their pension plans and underpaid their retirement benefits, finding that BP touted the changes to the plan as positive while unlawfully hiding more detrimental information.
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March 29, 2024
Texas AG Launches Investigation Into Boeing Parts Supplier
The Texas attorney general has opened an investigation into a company that produces fuselages for Boeing's 737 jets, saying Thursday that apparent manufacturing defects have caused several dangerous events, including midair emergencies.
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March 29, 2024
NRA Wins Block On New ATF Pistol Classification Rule
A Texas federal judge handed the National Rifle Association of America a win in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives over a new rule that classifies pistols modified with braces as rifles, issuing an order Friday that bars the agency from enforcing the rule on NRA members.
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March 29, 2024
In Pandora Win, Fed. Circ. Won't Revive Playlist Patents
The Federal Circuit on Friday declined to revive a collection of patents on generating playlists that were issued to an early, erstwhile executive at Amazon and were asserted in a failed lawsuit against music streaming website Pandora.
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March 29, 2024
Texas Doc Who Didn't Treat Patient Must Face Med Mal Suit
A Texas state appellate court has declined to toss a suit accusing an emergency department doctor of negligently supervising a physician assistant who failed to diagnose a woman's stroke symptoms, saying a factual dispute exists regarding whether a physician-patient relationship was formed.
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March 29, 2024
Liberty Sues SEC Again Over Climate Disclosure Regs
Liberty Energy Inc. filed a complaint against the U.S. Securities and Exchange Commission in Texas federal court, marking the company's second attempt at challenging the agency's corporate climate disclosure regulations after its previous Fifth Circuit petition was transferred to the Eighth Circuit.
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March 29, 2024
Real Estate Authority: Investment Bans, Extreme Heat, CRE
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 the legal patchwork of state actions barring foreign investment in real estate, the extreme threat presented by extreme heat, and the $870 billion in commercial real estate debt about to come due.
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March 29, 2024
Houston Firm Says Ex-Atty Lost Chance To Toss Poaching Suit
A Houston personal injury firm has told a state appeals court to keep in place an order denying an ex-associate's bid to toss its poaching lawsuit under the state's anti-SLAPP law, writing that its former employee waived dismissal rights when he removed the case to federal court.
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March 29, 2024
Innoviz's $1.4B SPAC Deal 'Abysmal,' Investor Tells Chancery
A former stockholder of the special purpose acquisition company that took autonomous vehicle software provider Innoviz public has sued the architects behind the $1.4 billion merger in Delaware's Court of Chancery, accusing them of unjust enrichment and breaches of fiduciary duty and calling the transaction "abysmal" for investors.
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March 29, 2024
DC Circ. Nixes Challenges To Gas Industry Projects
Federal energy regulators had broad discretion to approve "good cause" construction deadline extensions for a gas pipeline across New York state and a Texas Gulf Coast gas terminal expansion, according to a D.C. Circuit panel opinion on Friday that rejected conservation groups' challenges to the projects.
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March 29, 2024
Vidal Tells PTAB To Better Explain Nokia Challenge Denials
U.S. Patent and Trademark Office Director Kathi Vidal has vacated the Patent Trial and Appeal Board's refusal to hear three patent challenges by Nokia, telling the board to more fully explain its holding that the patent office had already considered the invalidity arguments.
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March 29, 2024
Trojan Battery Co. Gets $2.6M Win In TM Row
A Texas federal judge has sided with Trojan Battery Co. in its trademark infringement and unfair competition case against Trojan EV LLC and Golf Carts of Cypress LLC, ordering a permanent injunction and an award of millions of dollars.
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March 29, 2024
Texas Farmers Sue USDA Over Sex, Race Disaster Aid Priorities
A group of Texas farmers is asking a federal district judge to declare the U.S. Department of Agriculture's disaster assistance and pandemic relief programs unconstitutional, alleging in a complaint Friday that the government distributes the aid based on sex and race in violation of federal anti-discrimination laws.
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March 29, 2024
Exxon Docs In $1.8B Case Should Be Unsealed, Judge Told
The government asked a Texas federal judge to wave away protests by Exxon Mobil Corp. to keep its documents sealed in a case over $1.8 billion in contested tax benefits for a joint venture with Qatar, saying Thursday that the energy giant threatens unnecessary disputes at trial.
Expert Analysis
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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.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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What Stands Out In Newly Enacted Texas Energy Laws
Attorneys at V&E discuss some of the most significant aspects of two recently signed Texas laws that comprise the second major attempt by the Legislature to shore up the state’s power sector, but whose true impacts will depend on how they are interpreted and implemented.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.