Texas

  • February 8, 2018

    State AGs Urge High Court To Review Google Privacy Deal

    Attorneys general from Arizona, Texas and more than a dozen other states on Wednesday backed a class action fairness group's bid to convince the U.S. Supreme Court to review a privacy case involving Google where class members stand to receive none of the $8.5 million settlement, arguing that such cy pres pacts hurt consumers.

  • February 8, 2018

    Texas Justices Told Record Refutes $9.6M Brain Injury Verdict

    Counsel for a doctor who was hit with a $9.6 million jury award told the Texas Supreme Court in oral arguments Thursday that there's no evidence in the record to support the jury's finding that the doctor gave substandard care to a patient who subsequently suffered a brain injury.

  • February 8, 2018

    Mott's In TM Suit: I Say Clamato, You Can't Say Almato

    Mott’s LLP is accusing a Mexican food company and a U.S. distributor of infringing its trademark for its seafood-flavored Clamato tomato juice with a competing similar product called Almato, according to a complaint filed in Texas federal court Wednesday.

  • February 8, 2018

    5th Circ. Says Chinese Co. Must Pay Up In $102M Piracy Suit

    The Fifth Circuit on Wednesday affirmed a Texas district court decision to dismiss a suit filed by Chinese company Gotech seeking relief from a $102 million judgment awarded to Sweden-based Nagravision for allegedly selling set-top boxes that circumvented piracy protections, saying Gotech failed to prove that the judgment was void.

  • February 8, 2018

    Texas Court Won’t Force Hospital Into Med Mal Case

    A Texas appeals court has rejected a request by a doctor being sued for malpractice to add on as a third-party defendant the hospital where he performed a spinal surgery that allegedly led to the patient’s paralysis.

  • February 8, 2018

    Texas Court Upholds Anesthesia Co.'s Win In Death Suit

    A Texas appeals court on Thursday affirmed a win for Pinnacle Anesthesia Consultants PA in a negligence suit brought by the family of a man who died days after he was given anesthesia and underwent surgery, holding an expert’s report on what caused the death wasn’t “scientifically reliable.”

  • February 8, 2018

    Mexican Diving Co. Gets $19.5M Award OK'd In Ship Dispute

    A Texas federal judge on Thursday confirmed a $19.5 million maritime arbitration award issued to a Mexican underwater construction company in its dispute over unpaid chartering fees with a Mexican infrastructure business and its parent company, finding arbitrators made no errors on attorneys' fees or procedural delays in their decision.

  • February 8, 2018

    5 Cos. Price IPOs Totaling $959M Despite Market Turbulence

    Four operating businesses and a blank check company priced initial public offerings that began trading Thursday after raising $959 million at various points in their price ranges, completing deals despite renewed market volatility.

  • February 8, 2018

    NuStar Energy To Simplify Structure In $7.9B Deal

    Texas-based NuStar Energy LP on Thursday unveiled a restructuring effort that would see a subsidiary of the liquids terminal and oil pipeline operations company merge with the owner of its general partner interest to create a $7.9 billion partnership.

  • February 8, 2018

    Hydropower Land Transfer, Transparency Bills Pass House

    The House of Representatives has passed a pair of bills to transfer some land from a federal hydroelectric project to Alaska and to mandate more financial transparency from the Western Area Power Administration.

  • February 8, 2018

    Senate Panel Approves Trump's Pick For 5th Circ.

    The U.S. Senate Judiciary Committee advanced a Louisiana federal judge’s nomination to the Fifth Circuit to the full Senate on Thursday, along with three of President Donald Trump’s other picks for the federal bench. 

  • February 7, 2018

    Judge Sinks Suit Against Royal Caribbean Over Harvey Cruise

    A Florida federal judge on Wednesday tossed, without prejudice, a proposed class’ claims that Royal Caribbean Cruises Ltd. put passengers in harm's way by not canceling a cruise as Hurricane Harvey bore down on Texas, ruling that their “laundry list” of allegations doesn't amount to negligence.

  • February 7, 2018

    Texas Firm With Same Initials Didn't Infringe TM, Judge Rules

    A Texas personal injury law firm can’t stop lawyers with the same initials as its partners from using the initials in their marketing materials, according to a ruling in a state court case over whether using initials creates a valid common-law trademark in the Lone Star State.

  • February 7, 2018

    TxDOT Contractor Didn't Cause Ice Patch That Killed Driver

    A Texas federal judge on Wednesday said a Texas Department of Transportation contractor is immune to a suit alleging negligence in connection with a driver’s car-accident death, saying the contractor was in compliance with its roadwork contract with TxDOT, which conducted daily inspections of the work performed.

  • February 7, 2018

    Tractor Death Suit Belongs In Miss., Texas Justices Hear

    Counsel for tractor manufacturing company Mahindra USA Inc. told the Texas Supreme Court in oral arguments Wednesday that a lawsuit brought in Houston by the sons of a man who died while using a tractor at his home in Mississippi must be tossed because it doesn't belong in Texas courts.

  • February 7, 2018

    ITS Money Transfer Patents Not Abstract, Fed. Circ. Told

    Integrated Technological Systems Inc. pressed a Federal Circuit panel in oral arguments Wednesday to revive claims in four money transfer patents that the company contends were wrongly deemed abstract.

  • February 7, 2018

    Jury Gives Landowner $28M For Lost Value From Highway

    A Texas state jury returned a $28.8 million verdict Friday in favor of the owner of a proposed housing development that claimed the state drastically reduced the value of its property by building a major roadway through it.

  • February 7, 2018

    Furniture Co. Settles Claims Over Import Tariff Evasion

    A Tennessee-based importer of wooden bedroom furniture from China has agreed to a $500,000 settlement with the federal government to end whistleblower False Claims Act allegations in Texas federal court that it lied on customs declarations to avoid paying anti-dumping duties, the U.S. Department of Justice said Tuesday.

  • February 7, 2018

    2017 Patent Litigation: A Year In Review

    A Supreme Court ruling redrew the patent litigation map. The International Trade Commission became an ever more popular patent venue. District courts saw fewer cases. The Patent Trial and Appeal Board isn’t what it used to be. 2017 was a challenging year for patent attorneys.

  • February 7, 2018

    Workers Paid Fair Price For RadioShack Stock, 5th Circ. Says

    The Fifth Circuit on Tuesday affirmed the dismissal of a proposed class action alleging RadioShack and its board misled employees who invested their retirement savings in company stock, saying the company didn’t overcharge them for stock because it was priced to match the company’s financial turmoil.

Expert Analysis

  • Why Sales Rep Witness Tampering Accusations Matter

    Ryan O'Neil

    In two recent product liability trials, plaintiffs have alleged that witnesses were improperly contacted by pharmaceutical and medical device sales representatives. Such allegations can be damaging to a case and to attorney credibility, and can divert precious resources midtrial, while sidelining the actual products liability claims at issue, say Ryan O’Neil and Anne Gruner of Duane Morris LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Rebuilding Texas: An Overview Of Public Procurement Issues

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    Following Hurricane Harvey, the federal government committed substantial dollars toward reconstruction efforts in Texas. For members of the construction industry planning to engage in these public projects, there are important things to know about Texas public procurement law, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • 4 Ways Tax Reform May Affect The Sports World

    Michael Rueda

    The Tax Cuts and Jobs Act of 2017 limits deductions on state and local income, sales and property taxes up to $10,000 per year. This new limitation may provide certain sports teams, particularly those in states like Texas and Florida, an advantage in attracting and signing talent, say Michael Rueda and David Lehn of Withers Bergman LLP.

  • Congressional Forecast: January

    Richard Hertling

    After passage of tax reform legislation, the GOP passed another temporary funding bill to avert a government shutdown before the holidays. As a result, congressional leaders again put off a resolution of a major fiscal debate over the budget, along with partisan disputes over immigration, health care and national security, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • A Look Back At Texas Insurance Law In 2017

    Jennifer Gibbs

    2017 was a busy year for insurance practitioners, legislators and jurists in Texas, bringing a number of long-awaited Texas Supreme Court opinions, a few notable opinions from the Fifth Circuit and the introduction and passage of legislation aimed at minimizing abuses in weather-related claim and litigation matters, says Jennifer Gibbs of Zelle LLP.

  • The 10 Most Significant Insurance Coverage Decisions Of 2017

    Randy Maniloff

    For the 17th consecutive year, Randy Maniloff of White and Williams LLP takes a look at this year's most notable insurance coverage decisions, based primarily on the cases' potential to influence other courts nationally, and discusses the potential impacts of these important cases.