Texas

  • April 05, 2024

    Texas Justices Reinstate Defense Verdict In Store Fall Suit

    The Texas Supreme Court on Friday reversed a lower appellate court's decision to reinstate a slip-and-fall suit against an Albertsons LLC grocery store, saying that although certain instructions may have been erroneously given to the jury, the effect was harmless and not unfair.

  • April 05, 2024

    5th Circ. Blocks Biden Admin's Predatory College Loan Rule

    The Fifth Circuit has ordered a preliminary injunction blocking the Biden administration's changes to a program providing student loan forgiveness to borrowers defrauded by higher education institutions, finding that the plaintiff representing for-profit colleges demonstrated a likelihood of suffering irreparable harm without the injunction.

  • April 05, 2024

    Texas Univ. Coach Says Sexual Orientation Led To Firing

    A University of Texas at Rio Grande Valley assistant tennis coach has accused the school in federal court of letting her go after a "sham investigation" because she is gay.

  • April 05, 2024

    Texas Appeals Court Reverses IT Consulting Worker Spat

    A Texas appeals court revived a suit brought by an information technology consulting company against its former worker, ruling that the company had shown enough evidence to go forward with the case and the trial court abused its discretion in granting a no-evidence summary judgment motion.

  • April 05, 2024

    Arkema Hit Again With Suit By Residents Over Texas Chemical Fire

    Hundreds of Texas residents near an Arkema Inc. chemical plant have accused the company in state court of exposing them to toxic fire during a hurricane almost seven years ago, in a suit filed just months after a federal court approved a multimillion-dollar deal to settle similar allegations.

  • April 05, 2024

    Texas Man Gets 7 Years For COVID Testing Fraud

    A Texas man was sentenced to seven years in prison and ordered to pay more than $7 million in restitution for colluding with three co-conspirators to conduct a COVID-19 testing scheme, the U.S. Department of Justice announced Thursday.

  • April 05, 2024

    5th Circ. Reels Back Banks' Late-Fee Rule Suit To Texas

    The Fifth Circuit on Friday ordered a return to Texas for a bank industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late fee standard, throwing out a Texas federal judge's decision to send the case to D.C. federal court.

  • April 05, 2024

    Live Nation CEO Must Sit For Depo In Astroworld MDL

    The Texas state court judge overseeing the multidistrict litigation created to handle Astroworld litigation said that Live Nation's CEO and president must sit for a deposition, writing that he has "personal and direct knowledge" of information that can't be obtained elsewhere.

  • April 05, 2024

    SXSW Insurer Asks 5th Circ. To Rethink Coverage Ruling

    The insurer of Texas music festival South by Southwest has asked a Fifth Circuit panel to rehear its case seeking to avoid covering a class action by ticket holders who didn't get refunds when the event was canceled due to the COVID-19 pandemic in 2020.

  • April 05, 2024

    5th Circ. Won't Revive Michaels Fall Case After Footage Row

    Craft supply store Michaels will not need to face a customer's slip-and-fall lawsuit after a Fifth Circuit Court of Appeals panel ruled Thursday that the customer was unable to prove how long a floor at a Slidell, La., location had been wet before the slip occurred.

  • April 05, 2024

    Contractor Settles Naturalized Citizen's Hiring Bias Claims

    A federal contractor settled claims that it slammed the brakes on hiring a naturalized citizen after finding out that she was not born in the U.S., the U.S. Department of Justice said.

  • April 05, 2024

    Texas Justices Reverse Course In Atty Sex Tape Dispute

    The state's high court on Friday backpedaled on an earlier decision declining to intervene in a dispute between a woman and a Houston attorney she is suing over a video she says may contain child sexual abuse, agreeing to rehear her bid for relief from a court order governing the video.

  • April 05, 2024

    Beck Redden Beats Disbarred Atty's Texas Malpractice Suit

    A Texas federal judge granted Beck Redden LLP's request to end a malpractice suit against it from a disbarred attorney and former firm client who alleged the firm waived his right to a jury trial.

  • April 05, 2024

    5th Circ. Won't Touch Texas Oil Export Terminal License

    The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.

  • April 05, 2024

    US Gas Cos. Delay $7.4B Deal Closing Date Amid FTC Scrutiny

    A month after a group of 50 lawmakers urged the Federal Trade Commission to investigate a recent string of mergers and acquisitions in the oil industry, the regulatory agency is putting Chesapeake Energy and Southwestern Energy's planned $7.4 billion merger under the microscope.

  • April 04, 2024

    Punishing Docs' Statements Chills Free Speech, 5th Circ. Told

    A right-leaning nonprofit sparred with a group of specialty medical boards and the U.S. Department of Homeland Security in front of the Fifth Circuit during oral arguments Thursday, saying that revoking doctors' medical licenses in retaliation for public statements on issues like abortion chills free speech.

  • April 04, 2024

    Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late

    Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.

  • April 04, 2024

    5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site

    A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.

  • April 04, 2024

    Depo Conflicts Mean Pretrial Win In Malpractice Suit, Attys Say

    A Texas state court judge on Thursday said he needed to more closely review the prior deposition of a man who claimed his Houston-area property was flooded by Hurricane Harvey and Tropical Storm Imelda before deciding whether to grant a pretrial win to a law firm the man accused of botching his damage claim.

  • April 04, 2024

    Arby's, Sonic, Dunkin Settle Mystery Shopper IP Claims

    A Texas federal judge has stayed all deadlines in Fall Line Patents LLC's suit that accuses Arby's Restaurant Group Inc., Sonic Franchising LLC and Dunkin Brands Inc. of infringing its mystery shopper patent with their respective mobile applications, after the parties filed a joint bid saying they have settled their claims in principle.

  • April 04, 2024

    Snell & Wilmer Adds Former McDermott Partner In Dallas

    A former McDermott Will & Emery partner and tax specialist has joined Snell & Wilmer's Dallas office to advise clients on cross-border transactions, particularly in Latin America and Mexico.

  • April 04, 2024

    FDIC Reports Discriminatory Lending At SouthStar Bank

    The Federal Deposit Insurance Corp. has downgraded SouthStar Bank's community lending rating, reporting that a review of the institution's lending practices revealed evidence of redlining, according to an evaluation released by the agency.

  • April 04, 2024

    NC Tax Fraud Trial Evidence Bids Get Lukewarm Reception

    A North Carolina federal judge on Thursday seemed reluctant to limit certain evidence against two attorneys and an insurance agent in their upcoming tax fraud trial, saying some of it seemed pertinent to the government's quest to prove intent but suspected other information might be construed by jurors as "petty."

  • April 04, 2024

    Brett Favre Fights To Revive Miss. Defamation Suit In 5th Circ.

    Retired NFL quarterback Brett Favre is arguing to the Fifth Circuit that fellow Hall of Fame inductee Shannon Sharpe's broadcast comments about his alleged involvement with a huge Mississippi welfare fraud could not be excused as hyperbole, in an attempt to revive a defamation suit against Sharpe.

  • April 04, 2024

    Ginnie Mae, HUD Must Face Bank's Vacated Lien Suit

    A Texas federal judge trimmed but declined to dismiss Texas Capital Bank's suit against the U.S. Department of Housing and Urban Development and its Government National Mortgage Association program over a vacated loan lien that the bank says was worth tens of millions of dollars.

Expert Analysis

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

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    A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Texas Storms Drive Coverage Litigation And Key Rulings

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    Given the frequency and magnitude of extreme weather events across Texas, first-party coverage claims continue to dominate high-profile litigation in the state, bringing significant recent decisions on attorney fees, appraisal, allocation and other important insurance topics, says Laura Grabouski at Holden Litigation.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Defense Practice Pointers In Venezuela Bribe Case Dismissal

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    A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Aviation Watch: Osprey Aircraft May Face Tort Claims

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    A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Prepping For OSHA Standard On Violence Risk In Health Care

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    Though the Occupational Safety and Health Administration has yet to create a new standard to address violence against health care workers, employers can prepare for coming federal regulatory changes by studying existing state rules and past OSHA citations, then taking steps to improve their safety programs, say attorneys at Ogletree.

  • Sales Reps In The Operating Room: How To Manage The Risks

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    While having a medical device sales representative providing advice during a surgery can be helpful, especially as medical technology continues to advance, their presence can also create exposure to tort claims and litigation alleging unauthorized practice of medicine, say attorneys at Sidley.

  • Opinion

    Has The NCAA Not Learned NIL Policy Lessons Of The Past?

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    The NCAA has applied its heavy hand — which has been slapped back by courts and legislatures — again, saying that colleges must comply with its name, image and likeness policies even if they conflict with state laws, but recent antitrust decisions might caution against its reasoning, says Kenneth Jacobsen at Temple University.

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