• 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

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • Rebuilding Texas: Design-Build In Public Procurement

    Brian Gaudet

    Following Hurricane Harvey, members of the construction industry planning to engage in reconstruction projects should understand the design-build delivery method under the Texas public procurement statutes. Design-build projects for buildings are treated differently than design-build civil projects, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP and Traci Donatto of American Constructors Inc.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • How Sanctuary City Regs Could Impact Houston Real Estate

    Hilary Tyson

    President Donald Trump’s sanctuary city ban has been enmeshed in litigation since it was enacted, as has similar legislation in the Texas Legislature. But while the future of these regulations may not be certain, they still stand to exact broad impacts, both in Houston and beyond, say Hilary Tyson and Lauren McLaughlin of BoyarMiller.

  • Rebuilding Texas: The 2 Types Of Construction Management

    Brian Gaudet

    For members of the construction industry planning to engage in reconstruction projects following Hurricane Harvey, it is important to know how Texas public procurement law regulates two project delivery methods — construction manager-agent and construction manager-at-risk, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP. ​

  • LGBTQ Protections And Best Practices Under Title VII

    Excerpt from Lexis Practice Advisor
    Darrell VanDeusen

    Over the past two years there has been a seismic shift in the view that sexual orientation and gender identity claims do not fall within Title VII of the Civil Rights Act. Darrell VanDeusen and Alexander Berg of Kollman & Saucier PA analyze how the developing law protects LGBTQ employees at the federal level and provide employer guidance on related issues in the workplace.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.