Texas

  • April 20, 2018

    Texas Hospital Can't Ditch Suit Over Nurse Training

    Texas hospital chain Baylor Scott & White can't assert governmental immunity to avoid a lawsuit brought by a woman who says she was over-sedated during knee surgery because it didn't manage the hospital where it had trained nursing staff, a Texas appeals court held Thursday.

  • April 20, 2018

    DOJ, Texas Co. Settle Immigration Status Discrimination Row

    Texas-based information technology consulting and staffing services company Themesoft Inc. and the U.S. Department of Justice have settled claims that the company violated the Immigration and Nationality Act by discriminating against workers on the basis of their citizenship status.

  • April 20, 2018

    Health Hires: Goodwin, Shook Hardy, Michael Best, Orrick

    The latest firms to expand their life sciences and health care abilities are Goodwin Procter LLP, Shook Hardy & Bacon LLP, Michael Best & Friedrich LLP, Orrick Herrington & Sutcliffe LLP, Harter Secrest & Emery LLP, Eversheds Sutherland and Cole Schotz PC.

  • April 20, 2018

    Driver Of Big Rig 10 Immigrants Died In Gets Life Sentence

    A truck driver has been sentenced to life in prison for smuggling immigrants across the Texas border in conditions that led to the deaths of 10 of them as they were found locked in the back of his tractor trailer rig, according to the U.S. Department of Justice on Friday.

  • April 20, 2018

    Dean Foods Wants $45M Disgorged By Gambler Billy Walters

    Dairy company Dean Foods Co. wants the disgorgement of nearly $45 million in profits it says prominent gambler Billy Walters earned in an insider trading scheme with the company’s former chair, Tom Davis, from whom Dean is also seeking millions in damages in a Texas state court suit.

  • April 20, 2018

    K&L Gates, Ex-Client Agree To Toss Houston Malpractice Suit

    K&L Gates LLP and the owner of an oil and gas equipment company are both seeking the dismissal of a legal malpractice suit the executive brought against the firm and one of its partners, the parties told a state district court judge in Houston on Thursday.

  • April 20, 2018

    Free Speech Law Covers Defamation Claims: Texas Justices

    A trial court and a lower appellate court too narrowly interpreted a state free speech law in determining it didn't apply in a defamation lawsuit brought by a developer against a homeowner, the Texas Supreme Court held in an opinion issued on Friday.

  • April 20, 2018

    Texas AG Settles Boycott Suit Against Dental Supplier

    The Texas Attorney General’s Office settled Thursday a suit alleging a dental supplier was part of an anti-competitive and illegal boycott targeting an online marketplace run by the Texas Dental Association, the third such agreement it has reached.

  • April 19, 2018

    Ex-Venezuelan Official Cops To Money Laundering Scheme

    A former Venezuelan official pled guilty in Texas federal court Thursday to a $7 million money laundering scheme involving bribe money allegedly paid by U.S.-based companies to government officials in Venezuela in order to obtain energy contracts, the U.S. Department of Justice announced.

  • April 19, 2018

    Proskauer Tells 5th Circ. It's Immune From $1.5B Stanford Suit

    Proskauer Rose LLP on Thursday told the Fifth Circuit that a Texas federal judge wrongly denied its bid to end a $1.5 billion suit brought by the receiver for the R. Allen Stanford Ponzi scheme, as the firm argues the attorney immunity doctrine should protect it from an upcoming trial.

  • April 19, 2018

    Driller Gets Approval Of $14.3M Award In Trade Secrets Fight

    A Texas appeals court on Thursday affirmed a jury’s verdict that awarded a driller $14.3 million in lost profits due to misappropriated trade secrets by a potential partner in a Montana oil and gas development project, though it threw out an award of $4.5 million in exemplary damages.

  • April 19, 2018

    Ex-Gymnast Sues In Texas, Michigan Over Nassar Abuse

    Attorneys and two of the former youth athletes they represent gathered Thursday in Houston to announce new lawsuits — one in state court in Houston and one in Michigan federal court — alleging the women were among those sexually assaulted by disgraced former USA Gymnastics doctor Larry Nassar.

  • April 19, 2018

    Texas Atty Gets 10 Years For $26M Workers' Comp Fraud

    A Dallas-area attorney was sentenced to 10 years in prison Thursday following his admission to a scam under which he fraudulently obtained more than $26 million from the U.S. Department of Labor Office of Workers’ Compensation Programs.

  • April 19, 2018

    Dallas TV Producer Can Keep $2.5M Win Over Tossed Tapes

    The producer behind syndicated television shows including “Cheaters” and “Stag: A Test of Love” can keep a more than $2.5 million judgment against his former landlord that had thrown away master tapes for several shows, a Texas appellate court held Wednesday.

  • April 19, 2018

    BALCA Affirms Labor Cert. Denial For Landscaping Co.

    The Board of Alien Labor Certification Appeals affirmed the denial of temporary labor certification for 20 immigrants hired as landscapers, finding on Wednesday that a Texas-based landscaping company never submitted a required report to the certifying officer on how it had recruited U.S. workers.

  • April 19, 2018

    ENGlobal, NASCO Denied Quick Wins In Plant Contract Row

    A Texas federal judge on Thursday refused to toss Native American Services Corp. counterclaims lobbed at ENGlobal U.S. Inc. in a dispute over a biomass power plant project contract, finding there was conflicting evidence relevant to deciding if either party breached the deal.

  • April 19, 2018

    Atty Won't Face Malpractice Claims, Texas Court Affirms

    The First Court of Appeals of Texas determined Thursday that a trial court was right in tossing a legal malpractice lawsuit brought against a Houston attorney, holding the client hadn't presented any evidence to back up his claims of subpar representation.

  • April 19, 2018

    AT&T Scraps Downsized $248M IPO For Vrio Subsidiary

    AT&T Inc. canceled an estimated $248 million initial public offering for its Latin American DirecTV unit Vrio Corp. late on Wednesday, just hours after the company slashed the size of its deal, blaming market conditions.

  • April 19, 2018

    Southwest Beats FMLA Suit, 5th Circ. Cites Worker Threat

    A former Southwest Airlines Co. employee did not prove the airline fired him for Family and Medical Leave Act absences and not an alleged comment about wanting to bring a shotgun to work, the Fifth Circuit said Wednesday, affirming the lower court’s ruling.

  • April 18, 2018

    DraftKings Wants Fantasy Sports Declared Legal In Texas

    DraftKings has hit Texas Attorney General Ken Paxton with another lawsuit in state court seeking to prevent a ban on daily fantasy sports, saying players don’t simply bet on sporting outcomes but use skills, knowledge and mastery of “complex econometric and statistical concepts” to determine the outcomes.

Expert Analysis

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • NASCAR Drone Countermeasures May Be Illegal

    Joshua Turner

    Law enforcement officials and private entities should view NASCAR's endorsement of DroneGun radio jammers skeptically and investigate the legality of drone countermeasures before deploying them. Otherwise, they may find themselves trying to outrun a visit from federal authorities, say Joshua Turner and Sara Baxenberg of Wiley Rein LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • How CPSC Late Reporting Penalty Trends Are Evolving

    Eric Rubel

    Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Why Texas Contractors Should Watch Lon Smith V. Key

    Brett Wallingford

    Many Texas contractors offer to handle insurance claims for their homeowner customers, but the Texas Supreme Court is currently considering whether to hear an appeal of a case that could deem such actions illegal, rendering their contracts void and unenforceable, says Brett Wallingford of Zelle LLP.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.