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Texas

  • May 25, 2018

    Jury Awards $1.2M Over Vein Perforated By Medical Device

    A Texas jury awarded more than $1.2 million on Thursday evening to a Houston firefighter who said his Cook Inc. vein filter perforated his tissue, finding Cook didn’t properly warn the implanting surgeon about the risks.

  • May 25, 2018

    Bad Jury Charge Nixes $1.9M Med Mal Award: Texas Justices

    The Texas Supreme Court on Friday tossed a $1.9 million jury verdict in a medical malpractice suit over a botched hysterectomy, saying the trial judge’s jury instructions improperly allowed the jury to consider an invalid theory of liability.

  • May 25, 2018

    Texas Justices Say HOA Can't Stop Short-Term House Rentals

    A San Antonio, Texas, homeowner who rented out his house through VRBO.com didn’t violate deed restrictions that limited his property to residential use and required a single-family house on the land, the Texas Supreme Court said Friday.

  • May 25, 2018

    Anadarko Retains Win In Texas Oil And Gas Lease Fight

    The Texas Supreme Court on Friday upheld a win for Anadarko Petroleum Corp. in an oil and gas rights dispute, finding TRO-X LP did not retain a small working interest in a set of mineral leases after Anadarko signed new leases with the property owners.

  • May 25, 2018

    US Trustee Seeks More Info On IHeartMedia Worker Bonuses

    A U.S. Trustee on Friday asked a Texas bankruptcy court to deny radio broadcast giant iHeartMedia Inc. permission to file the metrics for its proposed $108 million employee bonus plan under seal, saying stakeholders need to be able to evaluate the plan.

  • May 25, 2018

    Texas Justices OK Separate Tax Appraisal Of Disposal Wells

    The Texas Supreme Court on Friday held that an appraisal district’s valuing of saltwater disposal wells separately from the land on which they are located is a valid appraisal method, rejecting the landowners’ arguments that such valuations double-taxed the wells.

  • May 25, 2018

    Worker On FMLA Leave Was 'Unemployed,' Texas Justices Say

    An employee taking an unpaid absence from work under the Family and Medical Leave Act qualifies as “unemployed” under the Texas Labor Code, but is not necessarily eligible for unemployment benefits, the Texas Supreme Court held Friday.

  • May 25, 2018

    Locke Lord Adds Ex-Hunton Andrews M&A Atty In Dallas

    Locke Lord LLP has brought on board in Dallas a corporate attorney from Hunton Andrews Kurth LLP with a practice focused on M&A transactions, along with capital market transactions and SEC reporting and compliance matters, the firm has announced.

  • May 24, 2018

    Lawmakers Ramp Up Push To Expand Privacy Rules For Kids

    A bipartisan group of U.S. lawmakers on Wednesday renewed a long-running push to update the Children's Online Privacy Protection Act to extend certain restrictions on the collection and use of personal information to cover children as old as 15 and to place limits on the sale of internet-connected devices marketed to children.

  • May 24, 2018

    Ex-Judge Accuses Texas Gov. Of Malicious Prosecution

    A former Texas state court judge who was exonerated of bribery and money laundering convictions on Wednesday sued former state Attorney General — now Governor — Greg Abbott and local prosecutors, accusing them of bringing politically motivated charges in retaliation for her election win.

  • May 24, 2018

    Gilstrap Says Huawei Patent Row Is Better Off In Texas

    U.S. District Judge Rodney Gilstrap refused to let Huawei Device USA Inc. move a Texas-based patent holder’s communications patent infringement suit to California’s Northern District, finding Wednesday that the company hadn’t shown the Golden State would be a more convenient venue.

  • May 24, 2018

    Border Wall Contractor Nabs $18.7M Texas Highway Project

    Sterling Construction Co. said Thursday that its Texas subsidiary, already contracted to produce wall prototypes for President Donald Trump’s pending southern border wall project, was selected for an $18.7 million project to upgrade and expand the frontage roads along a highway near Winnie, Texas.

  • May 24, 2018

    5th Circ. Tosses Suit Over Body Cavity Searches At Border

    The Fifth Circuit ruled Wednesday that an American citizen who was subjected to intrusive body cavity searches while crossing the southern border cannot sue the state medical staff who conducted the exams, finding that their conduct did not violate clearly established law at the time.

  • May 24, 2018

    Texas Judge Fired Staffer Over Facebook Posts, Suit Says

    A longtime executive assistant and secretary for the Texas Court of Criminal Appeals has sued it and Judge Kevin Yeary in federal court for allegedly violating her free speech rights by firing her over her politically tinged Facebook posts.

  • May 24, 2018

    Texas Appeals Court Revives Suit Over Nursing Home Death

    A Texas appeals court has revived a lawsuit filed against a nursing home that alleges its inadequate care led to a man’s bed sores developing into a fatal infection, disagreeing with a lower court’s finding that a revised expert’s report was deficient.

  • May 24, 2018

    Online Ad Co. Blasts Bid To DQ Atty After $2.3M Verdict

    An online ad placement company has fired back against a rival's bid to disqualify its general counsel in a $2.3 million suit over alleged click fraud that's on appeal, telling a Texas federal court that conjecture alone can't be the basis to deprive it of the counsel of its choice.

  • May 24, 2018

    Trump Picks For 5th Circ., Texas Seats Advance

    Controversial nominations for the Fifth Circuit and judicial posts in Texas and Louisiana advanced to the full Senate on Thursday, over objections from Democrats over their records on environmental rules, abortion rights and past statements.

  • May 23, 2018

    Texas Atty Sued Over Client Conflict In Permian Land Deal

    A crude oil transportation company has accused a Dallas attorney of hiding a conflict of interest when she agreed to represent the company in a Permian Basin real estate deal and of sharing its confidential information with another client who later sued the company.

  • May 23, 2018

    Stinson To Enter Texas With Lackey Hershman Merger

    Stinson Leonard Street LLP will enter the Texas market June 1 through a merger with Dallas litigation boutique Lackey Hershman LLP, which represents clients in the private equity, health care, and banking and finance industries, among others, the firms announced Wednesday.

  • May 23, 2018

    Texas IHOP Hit With Suit Alleging Wage Violations

    A group of at least 180 current and former employees at an International House of Pancakes has hit the entity operating the restaurant's Rockwall, Texas, location with a proposed collective action, alleging they were required to work while off the clock and weren't paid for overtime hours, in violation of the Fair Labor Standards Act.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Foiling The Expert Battle In First-Party Property Cases

    Eric Bowers

    Expert witnesses are often crucial to coverage and damages issues in first-party property insurance cases. By using evidentiary rules and case law to challenge the other side's expert opinions, you might just win the war without ever having to engage in a battle of the experts, say Eric Bowers and Victoria Vish of Zelle LLP.