Texas

  • March 17, 2017

    Hague Treaty Allows Process Service By Mail, Justices Told

    A splash pad company continues to argue that the Hague Service Convention permits service of process abroad by mail in its most recent U.S. Supreme Court brief, blasting arguments opposing its efforts to revive a dormant Texas trade secrets case by calling those contentions a “red herring.”

  • March 17, 2017

    Texas Nurse Pleads Guilty To Role In $5M Medicare Fraud

    A Houston-area nurse on Friday pled guilty to his role in a $5 million Medicare fraud scheme involving home health care providers, the U.S. Department of Justice said Friday.

  • March 17, 2017

    Taxation With Representation: Paul, Weil, Gibson, Cravath

    This week's Taxation With Representation sees a private equity firm buying an air medical transportation company for $2.5 billion, Euronet making a $1 billion competing bid for MoneyGram and Vista Equity Partners purchasing DH Corp. for CA$4.8 billion ($3.6 billion).

  • March 17, 2017

    La. Levee Board Asks 5th Circ. To Rethink Coastal Harm Suit

    A Louisiana state levee board on Friday asked the Fifth Circuit to reconsider its decision to uphold a lower court’s decision that tossed its multibillion-dollar suit against 88 energy companies including BP PLC, Chevron Corp. and ConocoPhillips Co. over alleged oil and gas drilling damage to coastal ecosystems.

  • March 17, 2017

    Ex-Texas Rep. Arrrested For Diverting Funds To Campaign

    A former Texas congressman is facing charges that he illegally funneled charitable donations to fund his campaign, according to documents detailing the FBI's investigation into the 2013 events that were unsealed on Friday following his arrest.

  • March 17, 2017

    Ex-Texas Rep. Loses Appeal Of Law License Suspension

    A former U.S. Congressman from Texas lost his bid for a new trial related to the suspension of his law license and sanctions, with an appellate court on Friday holding that the evidence of his poor representation of clients — including the lawyer's own testimony — was sufficient to support the outcome.

  • March 17, 2017

    Texas Seeks Review Of Rule On Underground Gas Storage

    The state of Texas petitioned the Fifth Circuit on Friday to review an interim final rule from the Pipeline and Hazardous Materials Safety Administration that created new safety standards for underground natural gas storage facilities, saying the rule-making was an abuse of discretion.

  • March 17, 2017

    Chamber Says Texas Judge Should Still Block Fiduciary Rule

    The U.S. Chamber of Commerce and other business groups urged a Texas federal court on Thursday to block the U.S. Department of Labor’s fiduciary rule despite the agency’s recent pledge not to enforce the rule if it can’t finalize a planned delay before the rule takes effect.

  • March 17, 2017

    5th Circ. Backs Texas Lawyer In Malpractice Insurance Suit

    The Fifth Circuit on Thursday sided with a Dallas-based lawyer in a malpractice coverage dispute related to Hunt Petroleum Corp. heir Al Hill III's trust litigation, saying the district court misinterpreted the insurer’s coverage obligation and should not have ordered the attorney to pay back certain defense costs.

  • March 17, 2017

    Texas Justices Say Atty Must Face Church's Breach Claims

    The Texas Supreme Court on Friday held that an attorney must face claims brought by First United Pentecostal Church of Beaumont that he lied about the accessibility of $1.2 million the church had placed in The Lamb Firm PC's trust for safekeeping, when he knew his colleague had stolen the funds.

  • March 17, 2017

    Dem Sen. Proposes Bill To Rescind Trump's Border Wall Order

    Sen. Tom Carper, a Democrat on the Senate Homeland Security and Governmental Affairs Committee, has introduced a bill to rescind President Donald Trump’s Jan. 25 executive order that called for pushing ahead with building a border wall and increasing immigration enforcement.

  • March 16, 2017

    Texas Weighs Proposal To Strip Cities Of Uber, Lyft Oversight

    After hearing from cities that they want to be able to require ride-hailing applications like Uber and Lyft to pass more stringent safety checks, the author of a Texas bill to regulate the companies at a statewide level on Thursday indicated he’s unlikely to change his proposal.

  • March 16, 2017

    Uber TCPA Suit Over Austin Texts Sent To Arbitration

    A Texas federal judge on Thursday ordered a consumer in a putative class action to arbitrate claims Uber Technologies Inc. violated the Telephone Consumer Protection Act when it robo-texted Austin, Texas, customers as part of a campaign against the city’s ride-sharing regulations.

  • March 16, 2017

    5th Circ. Affirms Texas County Win In Ex-Deputy’s ADA Suit

    The Fifth Circuit Court of Appeals on Wednesday issued a published opinion siding with Harris County, Texas, in a wrongful termination suit brought under the Americans with Disabilities Act by a former deputy constable, holding that he hadn't shown he qualified for the job when he was fired.

  • March 16, 2017

    TV Patent Suit Not Ready For Prime Time, Magistrate Says

    CNN’s parent company and other media firms should not have to face an infringement suit over three patents that let viewers switch TV channels, an Eastern District of Texas magistrate judge has recommended, saying one patent was expired when issued and the other two don't extend to online videos as the plaintiff had argued.

  • March 16, 2017

    Texas Court Won't Rehear Reversal Of $1.8M Med Mal Award

    A Texas appeals court declined on Thursday to reconsider a panel’s reversal of a $1.87 million jury verdict in a wrongful-death medical malpractice suit, but it issued two dissents from the denial — one saying the panel had substituted its judgment for the jury's, the other saying it incorrectly concluded an expert's opinion can't be based on experience.

  • March 16, 2017

    Insurer Needn't Fund Texas Liquor Chain's Data Hack Suit

    A Texas liquor store chain can’t force its insurer to pay for a suit seeking to recover more than $4 million charged by its credit card processor in the wake of two data breaches at the chain, a Texas federal judge ruled Wednesday.

  • March 16, 2017

    KBR Denied Stay On $1.4B LNG Project Case

    A Texas federal judge refused Wednesday to pause discovery in an Australian contractor's AU$1.9 billion ($1.4 billion) suit against KBR Inc. over a liquefied natural gas project, hinting at trouble ahead for KBR's bid to force CPB Contractors Pty Ltd. into arbitration.

  • March 16, 2017

    5th Circ. Urged To Reset FCA Suit Against Lockheed, Northrop

    A whistleblower asked the Fifth Circuit on Wednesday to revive his False Claims Act suit accusing Lockheed Martin and Northrop Grumman of concealing the true costs of the U.S. military's Joint Strike Fighter F-35 program, arguing that his past employment with Northrop shouldn't cancel out his claims.

  • March 16, 2017

    Money For Wall, More Immigration Judges In Trump Budget

    President Donald Trump’s vision of the federal budget for fiscal year 2018 would set aside $2.6 billion to pay for his long-advertised wall along the nation’s southern border and would seek to hire more than 1,600 immigration agents, judges and prosecutors to aid his efforts to combat illegal immigration.

Expert Analysis

  • In Texas, Most Speech Is SLAPP Speech

     Adam Milasincic

    With its ExxonMobil decision last week, the Texas Supreme Court offered good news for lawyers defending against any claim that is based on something a client said or wrote — no matter how private or socially insignificant the disputed statement might appear, the claim is likely a candidate for immediate dismissal, a fee award, and even sanctions under the Texas Citizens Participation Act, says Adam Milasincic of Ahmad Zavitsanos An... (continued)

  • Financing High-Speed Rail In The United States: Part 1

    Emeka Chinwuba

    To successfully develop a high-speed rail project in the United States, project leaders must look to multisource their financing by leveraging all potential federal, state and private funding available. In the first of a three-part series, Emeka Chinwuba and Leslie Jacomino of Norton Rose Fulbright examine federal funding options, and how they are subject to the political uncertainties in Washington, D.C.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • How States Might Challenge The OCC's Fintech Charter

    Brian G. Barrett

    Some state banking regulators see the Office of the Comptroller of the Currency's plan to create a new charter for financial technology companies as a direct threat to their existing authority. Litigation challenging the preemptive effect of the fintech charter would likely involve an interpretation of the limitations on the OCC’s statutory preemptive power, say attorneys with Eversheds Sutherland (US) LLP.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Who Would Face Liability For Oroville Dam Management?

    Brett Moore

    The Butte County, California, sheriff recently ordered the evacuation of more than 180,000 people in the communities surrounding the Oroville Dam after officials spotted severe erosion in its emergency spillway. Although other avenues may exist to pursue liability against the agencies involved in management of the facilities, those agencies might avoid state tort liability on preemption grounds, says Brett Moore of Haight Brown & Bonesteel LLP.

  • A Reprieve From The Deluge Of Hail Litigation In Texas

    James W. Holbrook

    The Texas Fourth Court of Appeals' ruling in Garcia v. State Farm is a definitive answer to one question commonly presented in hail disputes, holding that an insurer's payment of an appraisal award generally insulates the insurer from liability. This raises some ethical concerns, as hail lawyers continue to sign up insureds on a 40 percent contingency fee basis while knowing that their clients' disputes will likely be resolved by s... (continued)

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)