Texas

  • December 7, 2017

    Patient Forfeited Forum Choice, Doc Tells 5th Circ.

    A doctor and his clinic accused of medical malpractice over a tonsil surgery urged the Fifth Circuit on Wednesday to reject a patient’s appeal seeking to transfer her case to Texas federal court, saying she can’t change forums after nearly three years of state court litigation.

  • December 7, 2017

    Senate Panel Advances Trump's 5th, 8th Circ. Picks

    The Senate Judiciary Committee on Thursday advanced a pair of Fifth Circuit nominees, Texas Supreme Court Justice Don Willett and Gibson Dunn & Crutcher LLP partner James Ho, along with Eighth Circuit nominee L. Steven Grasz of Husch Blackwell LLP over objections from Democrats.

  • December 7, 2017

    Fed. Reform Means Scores Of Tax Decisions Await States

    A swift march toward tax reform by the U.S. Congress means state legislatures, which gavel in next month, will be faced with responding to a giant overhaul of the federal tax code.

  • December 7, 2017

    Chevron Unit Sheds Overseas Plant Injury Suit In Texas

    A Texas appellate panel ruled Thursday that a Bangladeshi Chevron affiliate cannot be sued in the state by a resident who was injured while providing quality control services to the company’s plant overseas, saying it is undisputed the company is not incorporated in Texas and lacks a principal business operation there.

  • December 7, 2017

    4 Things To Watch As Harvey Flood Claims Move Forward

    The path forward for thousands of Texas homeowners suing the government over flooding in the wake of Hurricane Harvey recently came into sharper focus with a judge's order on how their claims should proceed, but the different groups of residents still face a long road of significant, and different, hurdles to prove liability.

  • December 7, 2017

    Top Texas Policy Developments Of 2017

    Against a backdrop of Republican Party infighting, Texas lawmakers in 2017 passed a controversial immigration bill, extended the lifespan of the state's energy regulatory agency and eschewed local control in favor of statewide rules on ride-hailing apps and texting while driving.

  • December 6, 2017

    Xerox Solely Liable In $1B Medicaid Row, Texas Tells Justices

    Texas told the state Supreme Court in oral arguments Wednesday that it's not seeking “damages” from Xerox Corp. in a civil Medicaid fraud suit accusing the company of signing off on $1.1 billion in claims for orthodontic services without properly vetting them, and therefore the remedies it has sought aren't subject to proportionate responsibility calculations.

  • December 6, 2017

    SEC Closes The Book On Sam Wyly Case With $198M Paid

    A Texas federal judge closed out the U.S. Securities and Exchange Commission’s long battle with investor Sam Wyly and his family on Tuesday, releasing them from an asset freeze in the wake of the full payment of a $198 million settlement.

  • December 6, 2017

    Texas Justices Told Free Speech Law Beats Atty Fraud Claims

    Counsel for an attorney who is aiming to use a Texas free speech law as grounds to dismiss fraud claims brought against him by a former court opponent told the Texas Supreme Court in oral arguments Wednesday that the conduct at the heart of the complaint “arose from a judicial proceeding,” and therefore the suit must be tossed under the law.

  • December 6, 2017

    Bjarke Ingels Bringing First Pro Sports Stadium To Austin

    Architecture firm Bjarke Ingels Group is bringing the first ever professional sports stadium to Austin, Texas, which will be part of a massive 1.3 million-square-foot sports, music, entertainment and retail complex, according to an announcement from BIG on Tuesday.

  • December 6, 2017

    K&L Gates Nabs Energy Pro From Eversheds Sutherland

    A seasoned energy attorney who spent much of his career as in-house counsel for companies like Shell Oil and ExxonMobil has made the jump from Eversheds Sutherland LLP to K&L Gates LLP, bringing his extensive corporate counsel and private practice experience to the firm's energy, infrastructure and resources group in Houston.

  • December 6, 2017

    Broker, SEC Settle Suit Over Unregistered PE Fund

    A former Houston-based financial adviser who ran a branch office for a registered brokerage firm on Wednesday settled fraud allegations leveled by the U.S. Securities and Exchange Commission in a suit in Texas federal court alleging he misled investors while raising $860,000 for a fund with no connection to the firm for which he worked.

  • December 6, 2017

    Gilstrap Can't Erase Jury’s Patent Verdict, Fed. Circ. Hears

    A medical device maker urged a Federal Circuit panel in oral arguments Wednesday to restore a Texas federal jury’s original conclusion that claims of two spinal correction device patents were invalid, a finding erased by U.S. District Judge Rodney Gilstrap in what the company called an “unprecedented” Seventh Amendment violation.

  • December 6, 2017

    Shell Unit Broke Pact To Take Oil After Spill, Suit Says

    A Royal Dutch Shell PLC affiliate was hit with a lawsuit in Texas court Tuesday accusing it of breaching an agreement to accept crude oil deliveries from an All American Oil & Gas Inc. subsidiary following a pipeline rupture that spilled about 20,000 gallons of oil in California.

  • December 6, 2017

    Fed. Circ. Questions $133M ‘Taking’ Of Dallas Air Terminal

    A Federal Circuit panel on Wednesday had tough questions for both the government and particularly the leaseholders of a demolished Dallas airport terminal that won a $133.5 million judgment over the terminal’s closure, with at least one judge wondering how a “taking” could have occurred.

  • December 5, 2017

    Texas Justices Hear Murphy Satisfied Offset Well Requirement

    Counsel for a Murphy Oil Corp. subsidiary told the Texas Supreme Court in oral arguments Tuesday that an “offset well” clause in a pair of Eagle Ford Shale leases only required it to drill a test well, not to protect the oil and gas underlying the property in question from drainage.

  • December 5, 2017

    5th Circ. Restores Worker's Jury Win In Retaliation Suit

    A Fifth Circuit panel told a lower court Monday to reinstate a $107,100 jury verdict in favor of a former Jackson State University employee who said he was fired after testifying in support of a coworker's sexual harassment claims to the U.S. Equal Employment Opportunity Commission.

  • December 5, 2017

    Greyhound Hit With Suit Over Passenger's Death

    Greyhound Lines Inc. failed to ensure the safety of one of its passengers who was hit and killed in June by a Greyhound driver attempting to leave a truck stop without him, the passenger’s parents claimed Tuesday in Texas state court.

  • December 5, 2017

    Conoco Asks Texas Justices To Apply Perpetuities Rule

    Counsel for ConocoPhillips Co. and Burlington Resources Oil & Gas Co. LP told the Texas Supreme Court in oral arguments Tuesday that a lower appellate court “invented a legal fiction” when deciding an Eagle Ford Shale lease dispute and created uncertainty regarding legal title to the land.

  • December 5, 2017

    Prison Phone Rivals Reach Confidential Deal In IP Row

    Securus Technologies and Global Tel*Link have reached a confidential settlement to end their long-running infringement dispute over patents used in prison phone systems, according to a joint motion for dismissal filed Monday in Texas federal court.

Expert Analysis

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Deliberate Discovery Responses Shift Onus Onto Opponent

    Alexis Kellert

    In a recent ruling, the Fifth Circuit found that a plaintiff who failed to pursue discovery of withheld documents was not entitled to relief from summary judgment in favor of the defendant. Keeping discovery responses specific and narrow puts the onus on your adversary to follow up as cases develop, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • An Uptick In Customer-Suit Exception After TC Heartland?

    Matthew Zorn

    One speculated consequence of TC Heartland is that patentees may choose to file lawsuits against other parties in the supply chain. If customer suits increase, practitioners and in-house counsel should become familiar with the “customer-suit exception” — an area that academics have called “forgotten” and in “relative disuse,” says Matthew Zorn of Yetter Coleman LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.