5th Circ. Revives Claims Against Tyson In COVID Death Suit

By Y. Peter Kang

A split Fifth Circuit panel on Tuesday reinstated a suit brought by a widow accusing Tyson Foods of negligently failing to prevent the spread of COVID-19 at an East Texas plant that caused the death of a worker, saying certain claims were not preempted by a federal food safety law.

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Texas Injury Firm Says Ex-Atty's Rival Firm Copied Slogan

By Catherine Marfin

A Houston personal injury attorney has accused a former employee of opening a rival law firm and copying its longtime slogan.

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PE Firm Escapes Patients' Anesthesia Antitrust Claims

By Matthew Perlman

A Texas federal court tossed claims against Welsh Carson Anderson & Stowe from a proposed class of patients accusing the private equity firm of monopolizing the anesthesiology market through a series of acquisitions, but let claims against a company it formed proceed.

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Feature

How This Firm Hit Its Stride With 9-Figure Patent Verdicts

By Theresa Schliep

When several Russ August & Kabat attorneys secured a $122 million jury verdict for a client in an advertising patent infringement case against Amazon last summer, they kicked off a streak of nine-figure verdicts for the firm, including a $175 million win last month in front of a Texas federal jury.

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Texas AG To Probe Heavy Metals In Baby Foods

By Emily Field

The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.

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Gun Group Argues For Members' Ability To Buy Nationwide

By Spencer Brewer

A gun rights group challenging a federal law that bars handgun purchases by buyers outside their state of residence has asked a Texas federal judge to find that an injunction, if granted, should apply to all of the advocacy group's members and not just named plaintiffs.

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5th Circ. Says Fed. Law Explicitly Bars Ex-CEO's NCUA Suit

By Rae Ann Varona

The Fifth Circuit on Monday refused to revive a former Texas credit union CEO's constitutional challenge to an enforcement action the National Credit Union Administration had brought against him for alleged banking misconduct, saying in a published opinion that federal law explicitly stripped a district court's jurisdiction over the matter.

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Brief

Doctors Press 5th Circ. To Reverse Surprise Billing Ruling

By Catherine Marfin

Three physician trade associations urged the full Fifth Circuit to reverse a panel's ruling on how qualifying payments are calculated under the No Surprises Act, writing that the current decision harms underserved communities by narrowing provider networks.

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GWG Wind-Down Trustee Fights Ethics Scandal Removal Bid

By Clara Geoghegan

A Texas bankruptcy lawyer hit back at efforts to oust her as the wind-down trustee for GWG Holdings, saying her involvement in a judicial ethics and romance scandal is unrelated to her work for the former life insurance bond seller.

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Pioneer Health Objects To Banker's Ch. 11 Fee Application

By Emlyn Cameron

Clinic operator Pioneer Health Systems LLC, which had its Chapter 11 plan confirmed late last year, objected to a $500,000 fee application from a firm that had acted as its investment banker, saying the payout hinged on a sale Pioneer never fully carried out.

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Fed. Circ. Agrees To Compromise In Fintiv Appeal Extension

By Dani Kass

The U.S. Patent and Trademark Office will have extra time to respond to Google and Samsung's challenge to its Fintiv policy, but not as much as it wanted the Federal Circuit to provide, the court ruled Tuesday.

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Sheppard Mullin Adds Trial Pros From Venable, Kasowitz

By Lynn LaRowe

Sheppard Mullin Richter & Hampton LLP announced Tuesday that it has bolstered its business trial practice group with a partner in Houston who arrived from Kasowitz LLP and a partner in Los Angeles who came aboard from Venable LLP.

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Sorrels Law Adds Litigation Ace From Houston Trial Boutique

By Lynn LaRowe

Sorrels Law has added a partner in Houston who brings nearly three decades of experience handling personal injury and complex commercial litigation matters and who joins from Fleming Nolen & Jez LLP, a commercial litigation and personal injury boutique in the process of winding down.

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Dallas IP Atty Joins Spencer Fane From Wick Phillips

By Adrian Cruz

Spencer Fane LLP announced that an intellectual property attorney with nearly 20 years of experience has joined the firm's Dallas office as a partner from Texas firm Wick Phillips.

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From Clerkship To Law Firm: 5 Transition Tips For Associates

Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

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DC Judicial Vacancy Crisis Could Be Easing Soon

By Courtney Bublé

The White House is in the process of finalizing some judicial nominees for the vacancy-plagued Washington, D.C., local courts, an issue that has been highlighted by the federal government's takeover of D.C. law enforcement and the surge of National Guard troops to the nation's capital.

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Eastern District Of Pa.'s Former Chief Judge To Retire In Sept.

By Courtney Bublé

U.S. District Judge Mitchell Goldberg of the Eastern District of Pennsylvania, who was chief judge until earlier this month, will retire on Sept. 19, according to an update from the federal judiciary posted on Wednesday.

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Fenwick Fights New Claims In FTX Crypto Scam MDL

By Ryan Boysen

Fenwick & West LLP has asked a Florida federal judge to shut down a bid by victims of the infamous FTX Trading Ltd. cryptocurrency scam to bring new claims against the firm, calling allegations that it knew about FTX's misuse of customer funds an "irresponsible falsehood."

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Ex-Jackson Walker Partner Says Romance Suit Is 'Déjà Vu'

By Catherine Marfin

A former Jackson Walker LLP partner accused of hiding a romance with a former Texas bankruptcy judge asked a court Tuesday to toss a group of bondholders' proposed class action over their company's Chapter 11 proceeding.

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Personal Injury Firm Accuses Rival Of 'Bait And Switch'

By Chris Villani

A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.

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Undercover Operation Detailed In Trial Of Slain Fla. Law Prof

By David Minsky

Law enforcement agents took the stand in Florida state court Wednesday to provide details of an undercover operation in the investigation of Donna Adelson, who is on trial for allegedly masterminding a conspiracy to have assassins kill university law professor Dan Markel in 2014.

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DOJ Throws Lifeline To J&J At 3rd Circ. After $1.6B FCA Loss

By Jeff Overley

A district judge made multiple errors in an opinion and jury instructions underpinning a staggering False Claims Act verdict tied to Johnson & Johnson's drug marketing practices, and a fresh look is needed "under a correct view of the law," the U.S. Department of Justice told the Third Circuit on Wednesday.

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Negligence Suit Over Arrest On Stale Warrant Gets New Life

By Jared Foretek

A Fourth Circuit panel Wednesday vacated a South Carolina county clerk's summary judgment win against allegations that her negligence resulted in a man being arrested twice over the same unpaid child support dispute, kicking the case back to trial court for new proceedings.

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