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Texas

  • July 20, 2018

    Texas Court Limits Info Toyota Must Disclose In Seats Suit

    A Texas appeals court on Thursday ordered a trial court to dial back its overbroad discovery order against Toyota in a suit launched by the parents of two children who were injured by front seats in a Lexus that collapsed backward in a rear-end collision.

  • July 20, 2018

    BCBS Affiliates Say Venue Still Wrong In ERISA Suit

    Numerous Blue Cross Blue Shield affiliates urged a Texas federal judge to toss an amended suit accusing them of flouting the Employee Retirement Income Security Act by denying or reducing reimbursements for certain out-of-network claims, arguing that the hospitals failed to fix the venue issues found in their first complaint.

  • July 20, 2018

    United, Next Health Denied Dismissals In $100M Fraud Suit

    A Texas federal judge did not let either United Healthcare or Next Health escape a suit claiming Next Health ran a $100 million kickback scheme, denying in part Next Health’s motion to dismiss United’s complaint while denying United’s motion to dismiss Next Health’s counterclaims.

  • July 20, 2018

    Trial Wraps In Suit Over Texas Fetal Remains Disposal Rule

    The fight over a proposed law in Texas that would require health care providers to bury or cremate fetal remains moved forward Friday as the trial for a suit challenging the law concluded in federal court.

  • July 20, 2018

    Hunton Brings In Energy Partners From Vinson & Elkins

    Hunton Andrews Kurth LLP has bolstered its energy and infrastructure team in Dallas with two new partners coming in from Vinson & Elkins.

  • July 19, 2018

    5th Circ. Denies Brothers Convicted Of Visa Fraud A New Trial

    Two brothers convicted of visa fraud will not get a new trial, the Fifth Circuit has ruled, upholding a lower court’s rejection of the pair’s claims that the government secretly promised to not deport witnesses who testified against them. 

  • July 19, 2018

    Capital One Worker Says Cancer-Related PTO Led To Firing

    A former employee of Capital One’s automotive lending unit told a Texas federal court Thursday that he was wrongly fired for being late on two days for reasons that were related to his cancer. 

  • July 19, 2018

    M&G Offers $6M Deal For Int'l Co. Exits From Del. Ch. 11

    Plastics maker M&G USA Corp. reported a tentative, $6 million Delaware bankruptcy court deal Thursday to end unsecured creditor committee opposition to a Chapter 11 dismissal for three Luxembourg-based M&G affiliates, while another battle raged on over alleged ulterior motives for the exit.

  • July 19, 2018

    Concrete Block Co.'s $2M Win In Defamation Row Upheld

    A Texas appellate court on Thursday upheld an award of more than $2 million in favor of a South Texas concrete block manufacturer that had sued a rival for business defamation, holding there was enough evidence to support the jury's finding that false statements about the quality of its product forced it to close.

  • July 19, 2018

    House Panel OKs $51B DHS Bill With Border Wall Boost

    A House panel on Thursday approved a $51 billion bill funding the U.S. Department of Homeland Security for 2019, including $5 billion in funding for the southern border wall project, setting up a clash with the Senate’s version of the same legislation.

  • July 19, 2018

    Bilfinger Unit Gets $28.6M In Dispute Over Texas Ironworks

    A Bilfinger SE unit was awarded $28.6 million after an International Court of Arbitration tribunal found the Texas branch of an Austrian steel company wrongly fired it off an iron processing facility construction project on the state's Gulf Coast, lawyers for the Bilfinger subsidiary said Thursday.

  • July 19, 2018

    Deals Rumor Mill: Fosun, UnitedHealth, Niu

    A Fosun International subsidiary is reportedly mulling a deal to float Gland Pharma, Tenet Healthcare has attracted interest from UnitedHealth for its health care management unit, and Chinese electric scooter company Niu is planning a public listing.

  • July 19, 2018

    AngioDynamics Will Pay $12.5M To End DOJ's FCA Probe

    AngioDynamics Inc. has agreed to pay $12.5 million to settle False Claims Act allegations that it sold an unapproved chemotherapy drug delivery device and touted it as approved, and that it falsely advertised that Medicare would cover a device for malfunctioning veins for unproven uses, prosecutors said.

  • July 19, 2018

    5th Circ. Won’t Revive Bias Suit Against Oil Well Co.

    The Fifth Circuit ruled Thursday that a former machine shop supervisor for National Oilwell Varco LLP could not show he was demoted because of his nationality, affirming a summary judgment in favor of the oil company.

  • July 19, 2018

    5th Circ. Kills Trademark Suit Over 'Cowboy' Bourbon

    The Fifth Circuit refused to revive a failed trademark case that aimed to block a Texas distillery named Garrison Brothers from using "cowboy" on bourbon bottles, ruling the name abandoned.

  • July 19, 2018

    Texas Hospital Must Face Discrimination Suit, Panel Says

    A Texas appellate court on Thursday revived a lawsuit against a hospital in West Texas from a former employee alleging race, national origin and age discrimination and retaliation, holding a trial court was wrong to find the lawsuit was filed too late.

  • July 19, 2018

    Signing As Wife Can’t Shield Expedia User From Arbitration

    A Texas magistrate judge recommended on Thursday that a proposed class action against Expedia Inc. move to arbitration, saying a user’s claim that he agreed to the site’s terms and conditions under his wife’s name doesn’t shield him from a forced arbitration provision.

  • July 19, 2018

    Cisco Accused Of Destroying Evidence In Whistleblower Suit

    A former Cisco Systems Inc. employee has asked a Texas federal court to sanction the technology company, saying it destroyed evidence related to a lawsuit in which she accused the company of firing her in retaliation for investigating another employee.

  • July 18, 2018

    M&G Creditors Balk At Proposed Ch. 11 Exit For Int’l Units

    Creditors of bankrupt chemical producer M&G USA Corp. pressed the company’s top international officer Wednesday on his motives for seeking dismissal of three Luxembourg-based affiliates from a larger Delaware Chapter 11, saying the move could cost the U.S. estate $40 million.

  • July 18, 2018

    BALCA Denies H-2B Certification To Construction Co. In Texas

    The Board of Alien Labor Certification Appeals on Tuesday upheld the rejection of an Atlanta-based construction company’s application for seasonal nonimmigrant labor certification, finding that the company had not submitted enough evidence of a peakload temporary need for additional workers.

Expert Analysis

  • Takeaways From 5th Circ. Wind Farm Scam Case

    Kip Mendrygal

    The misappropriation of funds charge can leave defense attorneys struggling throughout trial to distinguish personal expenses from legitimate business expenses. The Fifth Circuit's decision in U.S. v. Spalding sheds light on how to handle these situations, but also sets out the battles that attorneys won’t win, say Kip Mendrygal and Mario Nguyen of Locke Lord LLP.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • How Courts Are Analyzing Copyright Protection For Software

    Mark Moore

    Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.