Texas

  • June 22, 2017

    Feds Say Travelers Owes $2.4M For Texas A&M Buildings

    The U.S. filed suit in Texas federal court Thursday against Travelers Casualty and Surety Co. of America on behalf of HCBeck Ltd., a contractor that's seeking to collect $2.4 million for unpaid work on two biomedical research facilities.

  • June 22, 2017

    King & Spalding Pulls In Ex-Morgan Lewis Energy Pro

    King & Spalding bolstered its Houston office with a former Morgan Lewis & Bockius LLP transactional oil and gas attorney experienced in a variety of areas in the energy sector, including mergers and acquisitions and project development.

  • June 22, 2017

    Texas Court Reverses Own Toss Of Nursing Home Suit

    A Texas appellate court announced Thursday it had changed its mind about dismissing a suit against a nursing home, ruling that the children of a deceased patient should be able to amend their expert report and overturning its own December decision to nix the case.

  • June 22, 2017

    Hughes Can't Transfer Patent Suit Under TC Heartland

    A Texas federal judge refused a satellite broadband technology company’s request to transfer a patent infringement suit against it out of the Eastern District of Texas in spite of the U.S. Supreme Court’s TC Heartland decision last month, arguing that it had waived its right to seek transfer by failing to do so earlier.

  • June 22, 2017

    Texas Refinery Can’t Claim Tax-Free Zone At Appeals Court

    A split Texas appeals court sided Thursday with Harris County in upending a lower court ruling clearing a refinery owner of local ad valorem taxes, concluding that a change in corporate structure meant the company had lost its claim to a local tax-free “zone” for international trade.

  • June 22, 2017

    5th Circ. Panel Won’t Revisit BP Formula On Deepwater Claims

    A Fifth Circuit panel on Wednesday denied a request by BP PLC to revisit the decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the company’s argument was wrong.

  • June 22, 2017

    Magellan Sues Enterprise For $50M Over Oil Shipping Deal

    A unit of Magellan Midstream Partners LP claims in a Texas state court suit that an Enterprise Products Partners LP affiliate owes it at least $50 million after breaching a crude oil shipping agreement by using its own pipelines for oil produced from the Eagle Ford Shale.

  • June 22, 2017

    No Indemnity For Shell Drilling Unit Damages, 5th Circ. Says

    The Fifth Circuit on Wednesday affirmed part of a lower court’s ruling in a case on the aftermath of an accident in the Gulf of Mexico that damaged a mooring line on a Royal Dutch Shell PLC subsidiary's drilling unit, finding that two third-party companies are not required to indemnify the two companies found liable for the accident.

  • June 22, 2017

    Xenia Sells 5 Hotels To Summit Unit In $163M Deal

    Real Estate Investment Trust Xenia Hotels & Resorts Inc. said Thursday it has finalized a $163 million deal to sell a portfolio of five Marriott and Hilton hotels to an affiliate of Summit Hotel Properties Inc.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Whataburger Gets Partial Win In Row Over Franchising Deal

    A state appeals court on Wednesday ruled partly in favor of a South Texas Whataburger franchise in a dispute over interpretation of a 1993 settlement reached when the company bought 28 of the franchisee's locations in exchange for future development rights.

  • June 21, 2017

    Malaysian Co. Counsel Loses Fee Bid After Post-Award Deal

    Although a secret settlement between a Malaysian recycling company and a scrap metal dealer cheated the Malaysian company’s counsel out of its fees tied to an arbitration award, a Texas federal judge found Tuesday that he lacked jurisdiction to rule on the counsel’s claims for payment.

  • June 21, 2017

    Ticket Execs Could Escape SEC’s $33M Athlete Fraud Suit

    A Texas federal judge on Wednesday said she’s leaning toward dismissal of the U.S. Securities and Exchange Commission’s allegations two top executives for a ticket reservation business are liable for a scheme that defrauded professional athletes of $33 million.

  • June 21, 2017

    Cumulus' $1M Overpayment Dispute With Radio Host Trimmed

    A federal judge in Texas on Tuesday significantly trimmed a lawsuit brought by a Cumulus Media Inc. subsidiary against syndicated talk show host Michael Baisden alleging it overpaid him $1 million, and set jury selection to begin Thursday.

  • June 21, 2017

    Feds Seek To Oust Texas Politico's Atty Over Client Conflict

    Federal prosecutors said in a motion unsealed Tuesday that the lawyer defending Texas state Sen. Carlos Uresti in a securities fraud case tied to a fracking sand company should be disqualified because he previously represented a client whom Uresti, also an attorney, allegedly defrauded.

  • June 21, 2017

    Houston Council Votes To Join 'Sanctuary Cities' Lawsuit

    The Houston City Council on Wednesday voted to join a growing list of municipalities and nonprofits challenging the constitutionality of a new state law set to go into effect Sept. 1 banning so-called sanctuary cities that opponents have argued will incite racial profiling and undermine due process.

  • June 21, 2017

    Nobel Winner Attacks Sandoz Biosimilar Subpoena

    A Nobel Prize-winning researcher has moved to block a Sandoz Inc. subpoena seeking testimony related to a biosimilar of Amgen Inc.’s blockbuster immunosuppressant Enbrel, telling a Texas federal court that the deposition would almost certainly be fruitless.

  • June 21, 2017

    Jaguar Owes Texas Dealership Nearly $1M In Contract Fight

    Jaguar Land Rover North America LLC must pay one of its Texas dealerships nearly $1 million as a result of a contract dispute, a Texas federal judge said Tuesday, finding that the company improperly reclaimed cash the dealer earned under a sales incentive program.

  • June 21, 2017

    DOJ Wins Bid To Block $367M Radioactive Waste Cos.' Merger

    A Delaware federal judge on Wednesday blocked the $367 million merger of EnergySolutions Inc. and Waste Control Specialists LLC, siding with the U.S. Department of Justice in the government's bid to enjoin the deal between rival nuclear waste processors on antitrust grounds.

  • June 20, 2017

    Dallas Appellate Judge Who Resigned Last Year Found Dead

    A former assistant U.S. attorney and judge for Texas' Fifth Court of Appeals, who resigned from the bench in 2012 in lieu of facing disciplinary proceedings for unprofessional behavior, was found dead in his Dallas County home by police last week.

Expert Analysis

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Even Surplus Lines Laws Are Bigger And Better In Texas

    Victoria Vish

    Texas House Bill 2492, if signed by Gov. Greg Abbott, will allow surplus lines insurers domiciled in Texas to conduct business in the state, potentially increasing state revenue and creating more job and economic opportunities, says Victoria Vish of Zelle LLP.

  • When 'I Pick, You Pick, They Pick' Goes Wrong

    Angela Zambrano Headshot.jpg

    In the “I pick, you pick, they pick” arbitration system, each party selects its own arbitrator, and those two arbitrators select a third. But the Texas Supreme Court's recent decision in Forest Oil v. El Rucio Land and Cattle demonstrates how this method can heighten rather than minimize the chance of an arbitral mistake, say Angela Zambrano and Robert Velevis of Sidley Austin LLP.

  • What Ill. Sanctuary City Bill Means For Local Gov'ts

    Marco Crocetti

    Last week the Illinois General Assembly passed the Illinois Trust Act, a statewide sanctuary jurisdiction bill. If signed into law, it would have broad implications for the state's local governments and could play a role in the larger sanctuary discourse playing out in Congress, the executive branch and the federal courts, say attorneys with Holland & Knight LLP.

  • Debating The Value Of Distributed Rooftop Solar

    Brad Thompson

    How much is solar power really worth? Although a seemingly simple question, it has a myriad of complex and sometimes conflicting responses that many regulators across the U.S. are trying to resolve, say Brad Thompson and Jessica Sabbath of King & Spalding LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • How High Court Resolved The Service-By-Mail Circuit Split

    Victoria Dorfman

    In Water Splash Inc. v. Menon, the U.S. Supreme Court recently held that the Hague Convention does not preclude service by mail on defendants residing in foreign countries. Attorneys with Jones Day review how the court resolved this long-standing question for many jurisdictions.

  • Why Menchaca Changes Nothing For Appraisal Law

    Lindsey Bruning

    Some argued that the Texas Supreme Court's April decision in USAA v. Menchaca changed the landscape of Texas law regarding extracontractual liability in first-party insurance cases. However, a close reading of both the case and post-Menchaca case law confirms that appraisal law remains unaffected, say Lindsey Bruning and Tyler McGuire of Zelle LLP.

  • Measuring The Success Of Motions To Stay Pending IPR

    Jim Warriner

    A stay of district court litigation pending inter partes review is not a given. In this article, Jim Warriner of Norton Rose Fulbright LLP looks at three years of orders on contested motions to stay from the Northern District of California, the District of Delaware and the Eastern District of Texas.