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  • October 25, 2018

    Texas Doc Must Face Suit Over Cancer Patient’s Death

    A Texas appeals court said Thursday an oncologist must face allegations that he contributed to a patient’s death by giving her a toxic chemotherapy drug without permission, saying an expert report passed muster.

  • October 25, 2018

    Quick Drill Lease Language Gives Energen A Win In Texas

    Texas appeals court cited a provision of an oil and gas lease to decide Thursday that Endeavor Energy Resources LP did not drill a new well on land in Howard County quickly enough, finding its rights could be terminated in favor of Energen Resources Corp.

  • October 25, 2018

    Bankrupt Driller Reaches $4.5M Settlement With BHP

    Oil and gas driller Exco Resources Inc. is asking a Texas bankruptcy court to approve a $4.5 million settlement with global mining and petroleum giant BHP, under which the two companies will drop their claims against each other over allegedly unpaid royalties and fees.

  • October 25, 2018

    Salvadoran Sues ICE Over Separation From 4-Year-Old Son

    Immigration advocates urged a D.C. federal court on Thursday to reunify a Salvadoran asylum-seeker with her 4-year-old son after they were forcibly separated at the border, claiming that U.S. Immigration and Customs Enforcement’s decision to keep the two apart violates her due process rights.

  • October 25, 2018

    Cooler Maker Yeti Can’t Stand The Heat As IPO Falls Flat

    Heavy-duty cooler manufacturer Yeti Holdings Inc. experienced a tumultuous first day of trading Thursday after pricing its initial public offering below its $19 to $21 per-share price range the day before, taking in $288 million despite possibilities of a $400 million payday for the Texas-based company and several shareholders.

  • October 25, 2018

    Liberty Mutual, Contractor Must Show Docs In $36M Hotel Suit

    A Texas federal court on Thursday ordered Liberty Mutual Insurance Co. and Cobb Mechanical Contractors Inc. to turn over documents in a $36 million lawsuit alleging shoddy construction work on a hotel project, finding that Cobb did not provide enough details of its $8 million counterclaim and Liberty failed to respond within the seven-day period allotted.

  • October 24, 2018

    Insurer Needn't Cover Elevator Injury Suit, 5th Circ. Rules

    The Fifth Circuit ruled Wednesday an insurance company has no duty to defend or indemnify an elevator-maintenance business in a lawsuit filed by a man claiming injury after an elevator serviced by the company failed, reversing a lower court's ruling and holding that the policy bars coverage for the action.

  • October 24, 2018

    5th Circ. Revives Sex Expo's Free Speech Row With Dallas

    The Fifth Circuit on Wednesday revived a suit claiming Dallas discriminated against an erotica convention by preventing organizers from holding it in the city's convention center, saying a lower court inexplicably ignored the fact that the mayor and city councilors were determined to oppose the event regardless of whether doing so violated organizers' First Amendment rights. 

  • October 24, 2018

    Seed Co. Wants Local Counsel Removed In Insurance Dispute

    A Texas seed company asked a federal judge on Tuesday to disqualify Crenshaw Dupree & Milam LLP from serving as local counsel to opponent Penn Millers Insurance Co., saying the firm employs a former legal assistant of the seed company’s general counsel.

  • October 24, 2018

    Deals Rumor Mill: CommScope, Endeavor, Innovent

    CommScope is reportedly discussing a deal to buy Arris International PLC, Endeavor Energy Resources is mulling a sale after industry powerhouses expressed interest in taking over the company, and Innovent Biologics raised $421 million after pricing its Hong Kong public offering close to the top of its projected range.

  • October 24, 2018

    Couple Stole $14.5M From Benefit Plans, Indictment Says

    A federal grand jury in Texas has indicted the owners of a company that acted as a third-party administrator for benefit plans on claims that they stole $14.5 million from at least 1,000 plan participants in a minimum of 20 employers' retirement plans.

  • October 24, 2018

    Hospital Co. Wants To Nix $61.8M False Claims Suit

    Baylor Scott & White Health has urged a federal judge to let it escape a False Claims Act suit claiming the Texas-based health system and affiliated hospitals overbilled Medicare by more than $61.8 million during a seven-year period.

  • October 24, 2018

    Booted Law Student Says Cheating Probe Merits Suit's Revival

    A student dismissed from law school for his low grade point average has a right to challenge the school's ruling through a lawsuit because it wasn't a “purely academic” decision but one stemming from a cheating scandal investigation, a Texas appellate panel heard in oral arguments Wednesday.

  • October 23, 2018

    3 Tools To Help In-House Attys Manage Stress

    Chronic stress plays into physiological and psychological disorders that in-house lawyers might experience, but there are ways to handle various demands, according to a Tuesday presentation during the Association of Corporate Counsel's annual meeting. Here, Law360 looks at three ways in-house lawyers can try to deal with stress and anxiety.

  • October 23, 2018

    Daewoo Asks 5th Circ. To Reconsider Shipment Row Question

    Korean trading giant Posco Daewoo Corp. urged the Fifth Circuit to grant it an en banc rehearing to change a question the appeals court panel put to the Louisiana Supreme Court, saying the question as stated would not determine whether it could seize an iron shipment as security for a future arbitration award.

  • October 23, 2018

    AI Is No Substitute For Good Lawyers

    While artificial intelligence enables in-house counsel to stop performing routine, repetitive and mundane tasks and focus their energy on practicing law at a higher level, it won't replace them, GE Digital Chief Commercial Counsel Bert Kaminski predicted Tuesday at an in-house lawyer conference.

  • October 23, 2018

    EXCO Seeks To Dodge Pipeline Co.'s $237M Contract Claim

    Oil and natural gas driller EXCO Resources Inc. is asking a Texas bankruptcy court to dismiss more than $237 million in breach of contract claims by a pipeline operator, arguing that the operator breached the contract first.

  • October 23, 2018

    5th Circ. Affirms Saudi Prince's $3M Win Against Tech Co.

    The Fifth Circuit on Monday affirmed a Saudi prince’s $3 million trial win against defunct technology company Youtoo Media LLP and its founder, ruling both Youtoo and the founder can be held liable for not paying back the prince’s refundable investment in the company.

  • October 23, 2018

    'Frack Master' Pleads Guilty To Fraud, Reaches SEC Deal

    A Texas oil and gas CEO and self-described “frack master” has pled guilty to duping investors out of more than $71 million and agreed to resolve a civil suit brought by the U.S. Securities and Exchange Commission by disgorging the roughly $23.8 million he kept for himself, U.S. Attorney Erin Nealy Cox said in a Tuesday statement.

  • October 23, 2018

    Exec Gets 7 Years In $8.2M Shipping Container Ponzi Scheme

    The former president of a business that purported to lease shipping containers to generate returns for investors was sentenced to seven years in federal prison Tuesday for his role in what prosecutors said was a multimillion-dollar Ponzi scheme.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Expectations For Venue-Related Discovery Post-TC Heartland

    Silvia Jordan

    Following the U.S. Supreme Court's TC Heartland decision last year, district courts typically permit venue-related discovery when plaintiffs provide prima facie evidence at the outset that the discovery sought could establish proper venue, says Silvia Jordan of Fisch Sigler LLP.

  • Why Ohio Nixed The New Liability Insurance Law Restatement

    Kim Marrkand

    On July 30, Ohio Governor John Kasich took the unprecedented step of signing into law an amendment that specifically rejects the American Law Institute's Restatement of the Law, Liability Insurance. Red flags about the ALI's over-reaching have been waving for years, and the only question is what state will follow suit next, says Kim Marrkand of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.