The Texas Attorney General's Office on Monday said it doesn’t have the facts to decide whether a state fee on outdoor tobacco advertising is preempted by federal law or whether the law violates free speech, saying the question belongs in the courts.
The Texas Supreme Court on Friday agreed to consider the constitutionality of the state’s law banning same-sex marriage and whether Texas has jurisdiction in no-fault same-sex divorces in two cases testing the impact of the U.S. Supreme Court’s recent Windsor and Hollingsworth decisions.
The Fifth Circuit on Wednesday narrowly upheld a Texas law that prevents charities from spending money raised through bingo games on political lobbying, reaffirming the government's power to restrict political speech in the context of a government subsidy in its second look at the case.
The U.S. Department of Justice on Thursday launched suit against the State of Texas in a bid to stop it from enforcing a controversial voter identification law and said it is seeking to intervene in a separate suit concerning the state's redistricting laws.
Dallas County commissioners voted Tuesday to join a lawsuit aiming to block Texas from implementing a voter ID law, siding with a U.S. Representative who says the requirement for government-issued photo IDs would disenfranchise minority groups.
A Texas judge on Monday named the special prosecutor who will handle the criminal investigation of Gov. Rick Perry’s decision to veto funding for an anti-corruption prosecution unit after the district attorney for Austin who oversees the division refused to resign.
Texas agreed Monday to make efforts to move individuals with developmental disabilities out of nursing homes under an interim settlement reached with the U.S. Department of Justice and private plaintiffs who claim existing state policies violate the Americans with Disabilities Act.
A Texas man who says his workers' compensation carrier should pay for medical expenses Medicare covered has asked the U.S. Supreme Court to review a Fifth Circuit ruling that a Medicare reimbursement statute can't trump a Texas law requiring preauthorization for workers' compensation expenses.
A Texas judge assigned to oversee investigation of a complaint that Gov. Rick Perry violated the law when he threatened to cut funding for an Austin-based anti-corruption unit said Thursday that he intends to appoint a special prosecutor within a matter of days.
Leaders at Texas’ coastal windstorm insurance pool voted Tuesday to raise premium rates charged to consumers by 5 percent while narrowly rejecting a proposal to restore the association’s strained coffers through a $575 million assessment against member insurance companies.
A longtime veteran of the Federal Reserve Bank of Dallas is stepping down from his post as research director and executive vice president, closing the door on 43 years of service with the bank.
Some Houston-area residents will decide this fall if Harris County should issue up to $217 million in bonds to redevelop the 1965-built Astrodome into a convention center, this after the Harris County Commissioners Court unanimously voted Tuesday to put the decision in voters' hands.
The state of Texas requested dismissal Thursday of a federal lawsuit that sought approval of a controversial voter ID law, saying the case became moot after the U.S. Supreme Court invalidated a provision of the Voting Rights Act that had blocked implementation of the law.
The U.S. Food and Drug Administration on Friday said it suspects at least 15 patients were sickened by a Texas compounding pharmacy’s product, the latest outbreak to harm the field’s image and drive Congress to consider enacting stricter oversight.
The D.C. Circuit's recent decision upholding the U.S. Environmental Protection Agency's plan for implementing greenhouse gas regulation further bolsters the government's power to tackle air pollution, attorneys say, giving states and industry groups little option but to accept the agency's authority on carbon emissions.
A coalition of petroleum refiners, chemical manufacturers and electric utilities companies notified the U.S. Environmental Protection Agency that it intends to file suit over the agency’s failure to designate power plants and other areas within Texas that do not comply with federal sulfur dioxide emission limits.
The Public Utility Commission of Texas is expected to pass a new rule Friday that will allow consumers to opt out of advanced electric meters, a move utilities hope will ease the pressure they’ve faced from a vocal minority who claim smart meters cause them health problems.
The Texas subsidiary of AT&T Inc. asked the state Public Utility Commission on Monday to deregulate more than 100 local phone exchange markets in cities with populations under 100,000, saying it has enough competitors in those areas to satisfy state requirements.
Texas lawmakers reached a compromise on road funding Monday, passing a bill that would devote $1.2 billion a year to state transportation infrastructure, and brought the third special legislative session to a close.
Texas on Monday asked a panel of federal judges in San Antonio to prevent the U.S. Department of Justice and minority rights groups from pursuing their attempt to bring the state’s voting laws under federal preclearance using the “bail-in” provision of the Voting Rights Act, saying the controversial 2011 maps are off the table.
When litigation erupts between business partners, it is common for governing persons, such as the general partner of a partnership or the managing member of an LLC, to utilize the company’s bank account to fund the litigation. Requiring the business entity to fund both parties’ attorneys’ fees in such cases would not only level the playing field in terms of costs, but might also encourage the parties to approach the negotiating table, says Benjamin Riemer of Bell Nunnally & Martin LLP.
Commentators frequently liken the auditing methods for abandoned and unclaimed property — consumer and vendor credits, gift cards, uncashed checks and dividends, and dormant accounts — to the Wild West. They describe an aggressive, lawless environ in which cash-strapped states, desperate for nontax revenue, form posses of third-party auditors with itchy, statistically deficient trigger-fingers, and let them loose in a town ungoverned by precedent or statute, says Dr. Brett A. Margolin of economics and statistics consulting firm BLDS LLC.
Recent cases prove that a split exists between Texas’ Corpus Christi and Beaumont appeals courts and their Austin and Houston sister courts regarding the “factual basis” requirement of the Texas Certificate of Merit statute governing professional services cases. A Texas Supreme Court petition denial, however, gives some authority to the Austin appeals court's stance, says Pierre Grosdidier of Haynes and Boone LLP.
Texas courts have taken a strict approach to applying the heightened plausibility standard for a well-pled complaint to breach of contract claims. Nonetheless, it is surprising that the court in Radenbaugh v. State Farm Lloyds was willing to throw the plaintiff’s claim out on failure to specifically allege that State Farm issued him a property insurance contract, says Amanda Ghagar of Zelle Hofmann Voelbel & Mason LLP.
Among 10 battle-proven strategies for getting your witnesses ready for trial is to role-play the cross-examiner. For instance, if you expect the cross-examiner to yell, get in the witness’ face or use scathing sarcasm, do that during practice to minimize surprises at trial, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
Conflicting case law has developed regarding the question of whether a Texas statute requires a certificate of merit to state a standard of care for a plaintiff's claims in professional services cases. And a close review suggests that the split might not be what it seems, says Pierre Grosdidier of Haynes and Boone LLP.
When it comes to using a trendy word as part of a mark, the race is not always to the swift. That's the lesson Umami Burger is learning from its trademark infringement suit against recently opened Umami Mia Pizzeria, says Natalie Lederman of Sullivan & Worcester LLP.
Southwestern Energy Production Co. v. Berry-Helfand illustrates how a plaintiff can prevail handsomely under a trade secret misappropriation claim but lose under a Texas Theft Liability Act claim — and has to pay for defendant’s TTLA-related attorneys' fees, says Pierre Grosdidier of Haynes and Boone LLP.
The recently filed New York Pizzeria case serves as a reminder that those in the restaurant industry must closely guard their cooking secrets and employ effective nondisclosure and confidentiality agreements, assuming that employees may work for a competitor following their departure, says Jessica Mendelson of Seyfarth Shaw LLP.
In light of Louisiana Department of Environmental Quality v. U.S. Environmental Protection Agency and other cases narrowing the window for challenging new source review permits, the EPA's Title V objections may provide an easier route for attacking a state’s NSR decisions. Unfortunately, the EPA often uses a passive-aggressive approach, objecting on procedural and not substantive grounds, and creates prolonged uncertainty, say Eddie Lewis and Bob Greenslade of Norton Rose Fulbright.