A customer argued Tuesday that Royal Caribbean Cruises Ltd. cannot point to a class action waiver in her ticket contract to dismiss her proposed class suit because the cancellation of her cruise due to Hurricane Harvey meant the contract was never enacted.
A group of debtholders have hit iHeart Media Inc. with an adversary proceeding in the media giant’s bankruptcy case, alleging the company has orchestrated a secret, “fraudulent and otherwise wrongful” scheme to shortchange them in its proposed restructuring plan.
A Texas appellate court agreed on Tuesday to revive a legal malpractice suit against Rose Walker LLP involving a client's plane seized by the U.S. Drug Enforcement Administration after the state's high court rejected its initial basis for agreeing to dismiss the suit.
Native American Services Corp. urged a Texas federal court on Tuesday to toss a breach of contract claim brought against it by ENGlobal US Inc., saying the firm hasn’t shown it is entitled to damages for allegedly not being fully paid for work under a consulting and engineering contract for a biomass power plant project in the United Kingdom.
A conservative megadonor told jurors Wednesday that when he made a $350,000 charitable donation to former U.S. Rep. Stephen Stockman, R-Texas, he was told the money would fund “Freedom House,” a meeting place and training facility that would promote conservative values.
The full Fifth Circuit on Tuesday declined to expand the ability for individual federal officials to be sued for damages, ruling against allowing a family to sue a U.S. Customs and Border Patrol agent who shot and killed a Mexican teen as the boy stood across the border in Mexico.
The Fifth Circuit on Tuesday upheld the dismissal of an environmental restoration company’s lawsuit alleging the U.S. Army Corps of Engineers illegally planned its own rehabilitation project instead of buying mitigation credits from the company.
A Texas federal judge on Tuesday denied summary judgment to insurance broker Hays Group in a suit over coverage for an oil services contractor whose worker died in a terrorist massacre, adopting the recommendation of a magistrate judge who said there were factual issues in dispute.
Attorneys who were held in contempt for filing an overtime pay suit against Chipotle based on a rule a Texas federal judge had blocked asked the judge Tuesday to stay the contempt order while they appeal to the Fifth Circuit.
A Texas appeals court on Wednesday declined to nix sanctions against attorneys involved in a wrongful death suit, ruling that the trial court was not wrong to infer that attorneys for the dead man’s wife conspired with attorneys for the trucking company accused of being responsible for his death to conceal a settlement agreement from the man’s girlfriend and her children.
A Texas rule barring public corporations from owning liquor stores unconstitutionally discriminates against out-of-state retailers, a Texas federal judge held Tuesday in a ruling that paves the way for Walmart Inc. and other large retailers to begin selling liquor in the state.
A landowner has told the Texas Supreme Court that a lower appellate court ignored “well-settled rules of contract interpretation” when it upheld an early win in favor of Samson Exploration LLC in a dispute over who is responsible for both the cost of a chemical spill on his property and the cost of pursuing legal action to recoup those costs.
ExxonMobil Corp. asked a Texas federal judge on Tuesday for help staying out of arbitration proceedings launched by investors who dumped $73.2 million into a Singaporean company's botched oil exploration project in Papua New Guinea, telling the court it passed any liability on to a Canadian affiliate.
A Texas appeals panel on Tuesday tossed a woman's personal injury suit against a tire company employee who was driving a company car that was involved in an accident with her vehicle, finding that while she may have filed her suit against the driver within the two-year deadline, it wasn't served on him until well after.
Texas Supreme Court justices on Tuesday questioned whether a crop insurance policy’s arbitration provision extends far enough to force arbitration of a farm’s allegation that mistakes by its insurance agent caused the farm to be denied a crop damage claim under the policy.
Former U.S. Rep. Stephen Stockman, R-Texas, solicited about $1.25 million in contributions from wealthy donors under the guise the funds would be used for charitable causes when in actuality the money went to fund his political ambitions, federal prosecutors told jurors in Houston Tuesday, the first day of testimony in a criminal trial.
Texas Supreme Court justices on Tuesday probed whether a real estate developer found liable for failing to repay a construction loan could reduce the amount he owes based on separate settlements the lender had reached with law firms and title companies involved in the transaction.
The company that owns the dating app Tinder filed a sweeping intellectual property lawsuit Monday against a service billed as “China’s Tinder" just days after filing a similar case against top U.S. rival Bumble.
Texas-based TPG Pace Energy Holdings Corp. has agreed to acquire oil and gas assets within EnerVest Ltd.’s South Texas division for $2.66 billion, which will allow the entities to create Magnolia Oil & Gas Corp., the company said Tuesday.
Before his sudden departure Tuesday, Latham & Watkins LLP Chair Bill Voge engaged in a pattern of reckless behavior starting with sexually explicit messages sent to a woman he approached on behalf of a Christian men’s group and culminating in threats to her husband to have her thrown in jail. This story has been updated to include more details.
The Corpus Christi Court of Appeals' recent decision in Halferty v. Flextronics America is important because it confirms that the higher participants in the usual construction contractual chain cannot merely push workers’ compensation requirements down to the lowest-tier subcontractors and still enjoy the exclusivity defense, says Pierre Grosdidier of Haynes and Boone LLP.
Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.
For both consumer protection and political reasons, state attorneys general desperately want to assist constituents who have taken out federal student loans and are now struggling with repayment. However, state AGs will undoubtedly fail in the courtroom if they attempt to do so through litigation, say attorneys with Buckley Sandler LLP.
If New Jersey wins its sports betting case at the U.S. Supreme Court, expect many states to implement new legislation legalizing sports betting and industry regulation. If New Jersey does not win, it will anger many state legislators that were preparing to implement their own legislation, says Aaron Swerdlow of Gerard Fox Law PC.
Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.
Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.
Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.
There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.
Texas has shown strong interest in investing in insurtech startup companies, and insurers would be wise to implement insurtech innovations before being left in the dust. Though some view insurtech as a threat, it appears to be here to stay and will supply insurers with a wealth of information, say Jennifer Gibbs and Bennett Moss of Zelle LLP.
Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.