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Texas

  • August 20, 2018

    Exxon, Gov't Get Partial Wins In Pollution Cleanup Suit

    A Texas federal judge has partially granted both Exxon Mobil Corp.'s and the federal government's bids for quick wins on how to determine the percentage each side much bear for cleanup costs for World War II- and Korean War-era water pollution.

  • August 20, 2018

    Post-Harvey Coverage Suits Fall, But Causation Rows Linger

    One year after Hurricane Harvey battered large swaths of the Texas Gulf Coast, a new state insurance law appears to have curbed the amount of coverage litigation compared to previous catastrophic storms, but policyholders are still fighting legal battles over whether their property damage losses were caused by the hurricane's high winds or existing structural flaws. This article is the second in a series of stories about the anniversary of Hurricane Harvey.

  • August 20, 2018

    Texas Appeals Court Blocks Austin Sick Leave Ordinance

    A Texas appeals court has blocked an Austin ordinance that would require employers to provide paid sick leave to employees in a suit filed against the city by a host of Texas business groups and companies.

  • August 17, 2018

    1 Year After Harvey Houston Courts Sharing Space, Making Do

    Hurricane Harvey put Harris County's 21-story criminal courthouse out of commission almost one year ago, and the temporary fix of sharing docket time and courtroom space in the neighboring civil courthouse has meant struggles for plaintiffs, defendants, lawyers and judges alike. This article is the first in a series of stories about the anniversary of Hurricane Harvey.

  • August 17, 2018

    Toyota At Fault In $242M Verdict Over Kids' Crash Injuries

    A Dallas jury on Friday found that defective front seats in a Lexus caused two children’s severe injuries during a rear-end collision and awarded the youngsters and their parents roughly $242 million in damages, holding Toyota bore the vast majority of the blame for their injuries.

  • August 17, 2018

    NLRB Dems Fight Post-Epic Review Of Wage Suit Ruling

    Republican members of the National Labor Relations Board have wiped out an April ruling that a Texas restaurant group illegally fired a worker who brought a wage suit against it, drawing objections from the board’s Democrats.

  • August 17, 2018

    Investors Must Arbitrate $3.2M Row With Burial-Alternative Co.

    A group of Texas investors who allege they were duped into sinking $3.25 million into a now defunct company that offered an eco-friendly alternative to cremation and burial were ordered by a federal judge on Friday to arbitrate their dispute with the company's Irish CEO.

  • August 17, 2018

    5th Circ. Asks Texas High Court To Decide On Dealers Act

    The Fifth Circuit has asked the Texas Supreme Court to determine whether a Texas law governing contracts for wholesale equipment sales applies to agreements signed before the law took effect, and if so, whether the law, known as the Dealers Act, violates the state constitution.

  • August 17, 2018

    Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

    Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires. 

  • August 17, 2018

    Dallas Says Gov't Immunity Stops Stericycle Wastewater Suit

    The city of Dallas has urged a Texas state court to toss a suit from Stericycle Environmental Solutions Inc. seeking to block the city from shutting down the company’s access to the Dallas sewer system to discharge treated wastewater, saying governmental immunity blocks the suit.

  • August 17, 2018

    Insurance Co. Must Cover Contractor In Sports Complex Row

    A Texas federal judge has ordered Mt. Hawley Insurance Co. to cover a contractor in a lawsuit alleging a breach of contract in the construction of a sports complex, ruling that the policy's exclusions don't free the insurer because a subcontractor may be responsible for the alleged damage.

  • August 17, 2018

    Aviation Co. Gets Emergency Award OK'd In Contract Row

    A Texas federal judge has confirmed an emergency arbitration award for multinational aviation company Starlite Investments Ireland Ltd. stemming from a dispute with a Fort Worth-based helicopter manufacturer relating to a U.S. government contract for military operations in Afghanistan, saying the court has the authority to do so.

  • August 17, 2018

    Taxation With Representation: Akin Gump, Wachtell, Kirkland

    In this week’s Taxation With Representation, Diamondback snapped up Energen for $9.2 billion, Federal Street Acquisition Corp. bought Universal Hospital Services for $1.7 billion, Cabot Microelectronics Corp. bought KMG Chemicals for $1.6 billion and Best Buy acquired GreatCall for $800 million.

  • August 17, 2018

    Katten's Head Of Real Estate Eyes Lone Star State Expansion

    Katten Muchin Rosenman LLP has assembled a broad real estate practice in New York, across the country and internationally and as the firm looks for additional growth, Katten is eyeing the Texas market, the firm's national real estate department head Timothy Little told Law360 in a recent wide-ranging interview.

  • August 16, 2018

    Judge's Wild Order Threatens To Make Warring Attys Kiss

    A Texas federal judge threatened to make opposing attorneys kiss one another at the Alamo, lamented the days when Texas cases were handled by Texas attorneys, quoted Elvis, and generally went off in an order setting a status conference for a trade secret dispute between HouseCanary Inc. and Quicken Loans.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Texas Court Revives Patient's Liver Biopsy Injury Suit

    Following a rehearing, a Texas appellate court revived a suit accusing Houston Methodist Hospital of being responsible for injuries a woman suffered after her artery was nicked during a liver biopsy, saying Thursday the patient’s medical expert reports were flawed but potentially fixable.

  • August 16, 2018

    Texas Court Won't Revive Hunt Heir Mortgage Fraud Case

    A Texas appeals court has handed a win to Hunt Petroleum Corp. heir Albert G. Hill III, ruling the trial court in his mortgage fraud case was within its discretion to compel the then-district attorney to testify and to dismiss the case with prejudice after he refused.

  • August 16, 2018

    3rd Circ. Won't Revive Allergan Medicaid Rebate Suit

    The Third Circuit on Thursday refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments, finding the companies did not knowingly violate any laws.

  • August 16, 2018

    Dean Foods Says Ex-Chair, Gambler Owe $9.7M For Fraud

    Dean Foods Co. has asked a Texas state court to compel former chairman Thomas Davis and prominent gambler Walter “Billy” Walters to cough up over $9.7 million in costs it incurred from the pair’s insider trading scheme.

Expert Analysis

  • 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.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • What District Courts Are Saying About Admissibility Of IPR

    David Cavanaugh

    Given the frequency with which inter partes reviews are utilized in tandem with district court litigation to resolve patent disputes, the question that practitioners are starting to face with some regularity is whether, and to what extent, IPR decisions are admissible in district court litigation, say attorneys with WilmerHale.

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.