Texas

  • March 14, 2017

    Blue Cross Can't Get New Trial In $26M Contract Suit

    A Texas federal judge on Monday rejected Blue Cross Blue Shield of Louisiana’s request for judgment in its favor, reconsideration or a new trial in a $26 million contract suit brought by Encompass Office Solutions over the insurer’s alleged anti-competitive actions and refusal to cover insurance claims.

  • March 14, 2017

    Hunt Wants Arbitration Bid Nixed In $27M Hotel Delay Suit

    Hunt Construction Group Inc. asked a Texas federal judge to dismiss arbitration proceedings initiated by Cobb Mechanical Contractors in a dispute where Hunt is seeking $27 million for Cobb's failure to fulfill the terms of a contract to build the Fairmont Hotel in Austin, arguing there was no agreement to arbitrate.

  • March 14, 2017

    Euronet Lobs $1B Competing Bid For MoneyGram

    Electronics payment company Euronet unveiled a $1 billion takeover offer Tuesday for MoneyGram, potentially setting up a bidding war for the money transfer company, which agreed to an $880 million buyout offer from Ant Financial earlier this year.

  • March 14, 2017

    Split Texas Appellate Court Nixes Cop's Whistleblower Suit

    A split Texas appellate court on Tuesday sided with the city of Southside Place in a whistleblower lawsuit brought by a former police detective there who claimed he was fired after exposing a ticket quota scandal, upholding a trial court's decision to dismiss his claims because he actually resigned.

  • March 14, 2017

    5th Circ. Upholds Houston Doctor's Fraud Conviction

    The Fifth Circuit has upheld a Houston doctor’s health care fraud conviction, finding that the government sufficiently proved she should have known illegal activity was taking place at her office but deliberately chose not to know.

  • March 14, 2017

    5th Circ. Affirms Nix Of Suit Over IRS Foreign Account Penalty

    A dual U.S.-Swiss citizen who failed to disclose his foreign bank account to the Internal Revenue Service may have to face a potential tax penalty of $1.4 million after the Fifth Circuit ruled Monday that he lacked standing to sue the IRS.

  • March 14, 2017

    Photog Sues Over Famed Image Of Baseball Fight

    A Dallas sports photographer is suing over unauthorized copies of a widely distributed image of Texas Rangers baseball player Rougned Odor and his infamous punch to the face of Jose Bautista of the Toronto Blue Jays.

  • March 14, 2017

    NGP Leads $254M Investment In New Mineral Royalty Co.

    Luxe Minerals LLC, a newly formed company seeking to acquire mineral and royalty interests in targeted basins across the U.S., said Monday that it has raised $254 million, led by private equity firm Natural Gas Partners.

  • March 13, 2017

    Texas AG Paxton Slams Bid To Pause Securities Trial

    Texas Attorney General Ken Paxton on Monday hit back at a recent bid made by special prosecutors to delay a spring trial to determine whether he committed securities fraud by soliciting investments for a tech startup, saying the request violates his right to a speedy trial.

  • March 13, 2017

    Valero Gets Corpus Christi Water Litigation Moved To MDL

    The Texas Multidistrict Litigation Panel on Friday ordered cases against Valero Energy Corp. alleging potential contamination of drinking water in Corpus Christi, Texas, be consolidated for pretrial proceedings.

  • March 13, 2017

    In-House IP Pro Joins Dykema Cox Smith In San Antonio

    Dykema Cox Smith announced last week that it had hired away a veteran intellectual property attorney from cloud computing service company Rackspace and that he had joined the firm's San Antonio office as senior counsel, where he will focus his practice on the tech industry.

  • March 13, 2017

    NM High Court Applies Texas Law, Cuts Doctor From Suit

    The New Mexico Supreme Court on Monday reversed a lower appellate and trial court decision and dismissed a Texas doctor from a medical malpractice suit filed there, holding that Texas law, which would call for dismissal, should be applied in the case rather than New Mexico law, under which the suit could proceed.

  • March 13, 2017

    Baker Botts Picks Up Energy, Construction Atty In Austin

    Baker Botts LLP announced they had hired a lawyer with a long record of litigation experience who specializes in representing electric utilities before Texas energy regulatory agencies as a partner in the firm's Austin office, where she will be part of its global projects practice.

  • March 13, 2017

    Texas Justices To Weigh Heavy Equipment Tax Law Challenge

    The Texas Supreme Court on Friday agreed to resolve a split among lower Texas courts on whether a state tax law uses an unconstitutional framework to value heavy equipment like pipeline compressors.

  • March 13, 2017

    Tribe Says E-Bingo Not Prohibited At East Texas Facility

    The Alabama-Coushatta Tribe of Texas urged a federal judge Friday to reject the state's bid to find the tribe in contempt of a court order preventing it from conducting gambling games, saying the electronic bingo the tribe is now offering isn’t covered by the order.

  • March 13, 2017

    Houston’s CityCentre Retail Gets $65M In Financing

    Houston’s CityCentre, a 47-acre mixed-use development that replaces a failing mall, has received $65 million in interim financing for a 307,509-square-foot retail component, borrower-side broker Holliday Fenoglio Fowler LP said on Monday.

  • March 13, 2017

    Texas Sen. Looks To Legalize, Regulate Daily Fantasy Sports

    A new bill introduced in Texas’ Senate on Friday would legalize and regulate daily fantasy sports, possibly paving the way for a resolution to a contentious relationship between state officials and industry giants over questions of whether the practice constitutes illegal gambling.

  • March 13, 2017

    Orion Objects To Order In Terror Attack Insurance Suit

    Orion Project Services LLC objected Friday to a federal magistrate judge’s recommendation that the court reject its argument that Ace American Insurance Co. had a duty to defend it in a suit brought by a worker slain in a 2013 terror attack, saying the judge used a too-narrow definition of “employee.”

  • March 13, 2017

    Texas Justices Will Hear JPMorgan Gas Lease Fraud Case

    The Texas Supreme Court on Friday granted JPMorgan Chase Bank’s petition for review in a fight against Orca Asset LLC's allegations that the financial firm committed fraud and misrepresented claims in an oil and gas lease contract, arguing that a lower court should not have allowed the suit to move to trial because Orca accepted responsibility for the contract’s risks.

  • March 13, 2017

    LJH Drops Rest Of $24M Oil Field Asset Suit

    About a month after a federal judge in Texas dismissed his firm from a $24 million fraud suit, senior partner Ira Jaffe and LJH Ltd. said on Friday that they have resolved their dispute over agreements to purchase oil field equipment and real estate and want to drop the case.

Expert Analysis

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.

  • Gorsuch And The Future Of Class Action Waivers

    Ron Chapman Jr.

    The U.S. Supreme Court will soon consider whether the National Labor Relations Board can ban class action waivers in employment arbitration agreements. Assuming President Donald Trump's high court nominee, Judge Neil Gorsuch, is confirmed and participates in these cases, he could cast the deciding vote and break the five-year deadlock on the contentious issue, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • Wind Power In Texas: Not Just Hot Air

    Cody Vasut

    Last fall, the U.S. Energy Information Administration reported that in 2015, Texas lagged far behind states in the Midwest, Plains, Northwest and Northeast regions in utilizing wind energy as a percentage of total net electricity generation. But Texas is still the highest wind electricity-producing state in the nation, making up 24 percent of the national total in 2015, and is on track to grow even further, says Cody Vasut of BakerHostetler.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • Addressing FLSA Emotional Harm Damages At 5th Circ.

    Katie K. Rudderman

    With its recent decision in Pineda v. JTCH Apartments, the Fifth Circuit joins the Sixth and Seventh Circuits in allowing emotional harm damages to winning Fair Labor Standards Act retaliation plaintiffs. Employers in such covered states and others should be cautious of potential FLSA retaliation claimants seeking expansive damages, says Katie Rudderman of Buchanan Ingersoll & Rooney PC.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.

  • A Look At Post-Alice Rule 12 Motions Over The Last 2 Years

    Edward L. Tulin

    The use of Rule 12 motions by defendants facing infringement claims based on computer-based subject matter is likely here to stay. But now that there have been hundreds of post-Alice decisions resolving such motions, several guiding principles for both plaintiffs and defendants have emerged, say Edward Tulin and Leslie Demers of Skadden Arps Slate Meagher & Flom LLP.