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Texas

  • January 1, 2019

    Construction Cases To Watch In 2019

    This year, storm-damaged Texas homes, a Nevada limit on how much work one contractor is allowed to do and musician Johnny Mathis' potential responsibility for a contractor's fall are all important parts of construction cases attorneys plan to keep an eye on as they work their way through court.

  • January 1, 2019

    State Tax Cases To Watch In 2019

    The Wayfair case may be over, but from the return of the clash between a California taxing agency and a former resident to Seattle’s attempt to establish an income tax, plenty of state tax cases are on the horizon. Here, Law360 highlights the biggest state and local tax cases to watch in 2019.

  • January 1, 2019

    Texas Legislation To Watch In 2019

    The Texas Legislature will consider bills in 2019 that would wipe out the power of cities like Austin to require businesses to pay for sick leave and end tax abatements for wind and solar projects, in a session expected to have a business-friendly focus. Here, Law360 previews a few of the issues likely to be at the forefront when the Texas legislature convenes on Jan. 8.

  • December 21, 2018

    Top 5 International Tax Cases Of 2018

    The past year saw a number of important international tax cases, including rulings about conflicting statutory and regulatory language involving U.S.-held foreign financial accounts and a $608 million fine paid by Boston Scientific Corp. in a transfer pricing dispute. Here, Law360 looks at the top five international tax cases of 2018.

  • December 21, 2018

    Texas Justices Side With Compass Bank In Account Theft Row

    The Texas Supreme Court said Friday that a Compass Bank client waited too long to notify the bank after a fraudster cleaned out his account, adding that the customer, a resident of Mexico, can’t use missing bank statements to excuse his delay in reporting the loss.

  • December 21, 2018

    Texas Justices Say NDA Suit Beats Anti-SLAPP Dismissal Bid

    The Texas Supreme Court on Friday revived a paramedic training company's claims that a former employee smeared its reputation while violating a nondisclosure agreement, holding it had shown enough evidence of damages to defeat a dismissal bid under a state free speech law.

  • December 20, 2018

    ProPublica, Texas Newspaper Can't Skirt Surgeon's Libel Suit

    A Texas state judge has rejected the Houston Chronicle and ProPublica's bid to shake a heart transplant surgeon's suit alleging they defamed him in an article by accusing him of research violations and poor surgical outcomes, ruling the surgeon had shown the story gave readers "false impressions" about him.

  • December 20, 2018

    Penn Millers Atty Dodges DQ In Storm Damage Claim Row

    A Texas federal judge on Wednesday ruled that an attorney at a Lubbock law firm can serve as Penn Millers Insurance Co.’s local counsel in a dispute over a storm damage claim despite employing the opposing party’s former legal assistant.

  • December 20, 2018

    Biggest Native American Rulings In The 2nd Half Of 2018

    A Texas federal judge sent shock waves through Indian Country in 2018 by striking down the Indian Child Welfare Act, while the Federal Circuit ruled against a New York tribe involved in a novel patent deal and a planned Connecticut tribal casino project suffered a major setback in federal court.

  • December 20, 2018

    Belk Team Managers Get OK On Class OT Deal

    A Texas federal judge on Thursday greenlighted a deal that ends for an undisclosed sum — but pays the plaintiffs’ attorneys $1.9 million — a wage collective action alleging department store Belk Inc. shorted hundreds of workers by misclassifying them as overtime exempt.

  • December 20, 2018

    Purdue Says Texas Can't Slip Out From Opioid MDL

    Purdue Pharma LP has told Texas' multidistrict litigation panel that it should ignore a request from the state lodged earlier this month trying to get out of the MDL process, because Texas has already conceded its opioid abuse lawsuit implicates “common factual questions” about Purdue's marketing of the drugs.

  • December 20, 2018

    Samsung Tries To Sink $5.9M Data-Transfer IP Verdict

    Samsung asked a Texas federal court on Wednesday to toss a jury’s $5.9 million patent infringement verdict, saying its tablets and smartphones don't infringe a German company’s patent on data transfers just because they can be connected with a host computer using a USB port or Bluetooth.

  • December 20, 2018

    Texas Panel Axes Co.'s $12.7M Verdict For Lack Of Evidence

    A Texas appellate court wiped out a $12.7 million jury verdict in favor of a company that designs and manufactures heavy equipment for the offshore oil industry, holding Thursday that the enterprise failed to present any evidence tying its lost profits to actions taken by the would-be business partner it sued.

  • December 20, 2018

    REIT WP Carey Makes $119M In Purchases, Investments

    W. P. Carey Inc. has purchased a Chicago-area industrial portfolio and Texas distribution center and has made two additional investments in four deals worth a combined roughly $119 million, the New York-based real estate investment trust said Thursday.

  • December 19, 2018

    Petrobras Can't Depose Arbitrator In $622M Award Row

    Petrobras was dealt a blow at a hearing in Houston on Wednesday in its bid to nix a $622 million arbitration award issued to Vantage Deepwater Co., which the Brazilian company claims is tainted by fraud, when a federal judge refused to allow Petrobras to depose a dissenting arbitrator.

  • December 19, 2018

    Workers Get $500K In Mortgage Firms' IP, Hiring Row

    A Texas federal judge has awarded former Primary Residential Mortgage Inc. workers $500,000 after a two-week trial in which rival Supreme Lending unsuccessfully argued PRMI wrongly raided its workers and took trade secrets, but didn't enter judgment on the jury's award of $4.5 million in punitive damages.    

  • December 19, 2018

    IPhone Ping Can't Be Blamed For Crash, 5th Circ. Says

    The Fifth Circuit on Wednesday tossed a lawsuit against Apple Inc. brought on behalf of a child rendered paraplegic after a crash, declining to recognize a driver's “neurobiological response to a smartphone notification” as a cause of the crash.

  • December 19, 2018

    Schumer To Trump: No End-Of-Year Deal On Judges

    Senate Minority Leader Chuck Schumer, D-N.Y., likely sank the hopes of about three dozen judicial nominees for being confirmed any time soon, saying Wednesday he would object to advancing any of them swiftly before the end of the year.

  • December 19, 2018

    Texas Plant Subcontractor Can't Barge Into Arbitration: Judge

    A Texas appellate court on Tuesday overturned a lower court ruling and said a subcontractor can’t force its way into arbitration between the builder of a methanol plant, the plant’s owner and another subcontractor because it isn’t a named party to the contract in question.

  • December 19, 2018

    Greenberg Traurig Litigation Head Reapproved For Texas Case

    A Texas state appellate court has ordered a lower court to reinstate approval for an out-of-state Greenberg Traurig LLP attorney to represent a nut wholesaler accused of selling contaminated product, ruling there was no basis for withdrawing permission for her to appear.

Expert Analysis

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Bringing Alcoholic Beverage Coupons Into The Digital Age

    Alva Mather

    Laws on coupons and rebates for alcoholic beverages vary across the country. Ascertaining the legal status of digital coupons, which may not have been envisioned when a state's laws were written, creates additional wrinkles for companies, says Alva Mather of DLA Piper.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    AGs Are Now The 1st Round Draft Picks Of American Politics

    Joshua Spivak

    Given their recent track record and growing policy power, state attorneys general should be the group everyone is watching on Election Day. Chances are the winners of these races will move to higher offices soon enough, says Joshua Spivak, senior fellow at the Hugh L. Carey Institute for Government Reform at Wagner College.

  • Opinion

    Texas Hail Bill Leads To Policyholder Attorney Hail Marys

    Brian Odom

    With the anticipated wave of insurance litigation involving Hurricane Harvey disputes, it's likely that Texas lawyers will look to circumvent the so-called Hail Bill. Courts should continue to enforce the bill's clear intention — promoting early resolution of disputed weather-related insurance claims, say Brian Odom and Raven Atchison of Zelle LLP.

  • 5th Circ. Weighs In On Sentencing Enhancements

    Mario Nguyen

    ​​Escaping sentencing enhancements​ is​ highly unlikely, and the defendant convicted of bank fraud in U.S. v. Miller is no exception​.​ But​ ​t​he Fifth Circuit’s opinion clarifies some legal standards and provides insight into the application of ​these ​enhancements​, says Mario Nguyen of Locke Lord LLP.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.

  • Putting The Brakes On Construction Defect Suits In Texas

    Pierre Grosdidier

    In conjunction with Texas' litigation-curbing measures introduced in 2015, a state appellate court's recent decision in Mosaic v. 5925 Almeda, denying a condo owners association standing to sue for construction defects, may reduce the number of such lawsuits, says Pierre Grosdidier of Haynes and Boone LLP.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.