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Texas
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April 03, 2024
NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX
The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.
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April 03, 2024
Fed. Circ. Gets Lost In Intricacies Of Standing In Patent Law
The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled."
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April 03, 2024
5th Circ. Remands Roof Tile Row To Texas District Court
State Farm and a couple must further litigate whether there's coverage for hailstorm-related roof repairs under a policy provision covering costs to keep their home up to code, the Fifth Circuit ruled, finding a genuine factual dispute over whether replacement roof tiles interlock with original ones.
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April 03, 2024
Texas Backtracks At 5th Circ. On Extent Of Immigrant Arrest Law
Texas' solicitor general denied that the state's controversial law aimed at arresting unauthorized immigrants would result in removing them, telling perplexed Fifth Circuit judges on Wednesday that they were wrong to have concluded the law likely encroaches on federal jurisdiction.
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April 03, 2024
Chubby Checker Boyhood Home To Sell In Ponzi Receivership
The childhood home of acclaimed '60s rock-and-roller Chubby Checker will get a new owner after a Texas federal court found that a sale is in the best interest of a receivership in a $185 million alleged Ponzi scheme involving two precious metals dealers who swindled senior citizens.
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April 03, 2024
Trampoline Park Can't Arbitrate Injury Suit, Texas Panel Says
A Texas appellate court has ruled a trampoline park operator can't force the parents of a child who broke their arm on its property to litigate personal injury claims since there is evidence the company never formed a contract with the family.
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April 03, 2024
Sen. Durbin Urged To Pass Legislation To Curb Judge Shopping
A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of judge shopping through legislation and oversight because they believe more is needed beyond the Judicial Conference of the United States' latest action to curb "right wing" influence over the courts.
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April 03, 2024
Houston-Area Indian Temple Accused Of Branding 11-Year-Old
A Houston-area Indian temple has been hit with a lawsuit by a man who says his 11-year-old son was branded during a cultural ceremony without his consent.
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April 03, 2024
ITC To Pay $6.6M To DOJ, Texas Over 2019 Chemical Fire
The owner of a chemical storage facility has agreed to pay more than $6.6 million in connection with natural resource damage stemming from a 2019 fire that burned for six days at a plant southeast of Houston, the U.S. Department of Justice announced Tuesday.
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April 03, 2024
EPA Faces Down Water Rule Challenge In Texas
The federal government has asked a Texas federal judge to toss lawsuits filed by Texas, Idaho and more than a dozen industry groups challenging the U.S. Environmental Protection Agency and Army Corps of Engineers' rule defining the extent of the Clean Water Act's reach.
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April 03, 2024
5th Circ. Unsure Miners Can Escape Pecan Farm Flood Verdict
Fifth Circuit judges on Wednesday suggested that the owner of an open gravel mine on the bank of the Colorado River could have a tough time in its bid to avoid responsibility for devastating flooding at a pecan farm across the river.
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April 03, 2024
Family Not 'Trespassers' In Revived Deck Collapse Suit
A Texas appeals panel on Wednesday revived a family's claims against Silverleaf Resorts LLC and Holiday Inn Club Vacation Inc. over injuries from a deck collapse, finding the trial court was wrong to find they were trespassers as a matter of law.
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April 03, 2024
Kirkland Lands Former SEC Enforcement Leader In Dallas
A former leader in the U.S. Securities and Exchange Commission's regional office in Fort Worth, Texas, has moved to Kirkland & Ellis LLP's Dallas office, the firm announced on Wednesday, strengthening Kirkland's government, regulatory and internal investigations practice group.
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April 03, 2024
Akin Adds Former Hunton Energy Leader In Houston
Akin Gump Strauss Hauer & Feld LLP announced Wednesday that it has bulked up its Houston roster with a partner who previously led the energy transactions practice at Hunton Andrews Kurth LLP.
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April 03, 2024
Houston Firm Ditches Proposed Data Breach Class Action
A Texas federal judge threw out a proposed class action accusing Fleming Nolen & Jez LLP of waiting a month to disclose a cyberattack that exposed more than 100 clients' protected health information, citing the lead plaintiff's admission that she didn't even know if any of her data was compromised.
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April 02, 2024
Bong Maker Says Texas Company Is Ripping Off Its Trademark
A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court Monday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.
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April 02, 2024
Uber Seeks Exit From Texas Riders' Claims In Assault MDL
Uber urged a California federal court Monday to toss Texas plaintiffs' claims in the multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assault, saying it can't be held responsible for the actions of individual drivers under Texas law.
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April 02, 2024
Gas Tycoon Owes $100M To UBS, Lenders After Trial Loss
Energy titan Charif Souki owes more than $100 million to lenders, including a fund managed by a UBS division, a U.S. bankruptcy judge has ruled, rejecting Souki's claims that his lenders recklessly sold off collateral posted for the loan, including a luxury yacht, a Colorado ranch and shares of his liquefied natural gas export business Tellurian Inc.
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April 02, 2024
Connecticut Estate Withdraws Deadly Airbnb Blast Claims
The estate of a woman who died two years ago after the stove in an Airbnb property in Jamaica erupted into a fiery blast has withdrawn a Connecticut lawsuit against both the online service and the Texas-based owner of the retreat, with the maneuver coming just days after the owner challenged jurisdiction in the state.
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April 02, 2024
3 Sentenced To Prison In Fla. Fake Nursing Diploma Case
A Florida judge sentenced three people to federal prison time Tuesday after they were convicted for their roles in a multimillion-dollar fake nursing diploma scheme following a jury trial in December
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April 02, 2024
Utility Cos. Must Face Uri MDL Gross Negligence Claims
Transmission and distribution utility providers can't escape allegations they were grossly negligent in cutting off power to Texans during winter storm Uri, a Texas state appeals court ruled Tuesday in an opinion that keeps intact only two claims against the companies in the multidistrict litigation created to handle consumer actions from the severe weather event.
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April 02, 2024
Tesla Pushed On La. Antitrust Claims In 5th Circ.
Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.
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April 02, 2024
Fed. Circ. Seems Ready To Revive Amarin's Skinny Label Suit
A Federal Circuit panel seemed wary Tuesday of a Delaware federal judge's decision to throw out Amarin Pharma Inc.'s infringement suit over Hikma Pharmaceuticals USA Inc.'s limited-use version of the blockbuster cardiovascular drug Vascepa, suggesting the district court may have been too hasty.
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April 02, 2024
USPTO Targeted In Brothers' Patent Litigation Campaign
Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.
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April 02, 2024
Frost Bank Customers Sue Over 'Crippling' Overdraft Fees
Customers of Texas-based Frost Bank filed a putative class action in federal court Monday accusing the regional bank of illegally charging "crippling" overdraft fees on transactions that didn't actually exceed their account balances.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What ESG Investing Ruling Means For Fiduciaries
A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.
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Louisiana's Toxic Tort Barrier May Be Weakening
Louisiana's short prescriptive period to bring a survival action has long served as an important barrier against toxic tort claims, but the plaintiffs bar will likely rely on the recent Fifth Circuit decision in Jack v. Evonik to argue that anyone who arguably suffered injury based on exposure to some toxic substance may have a claim, say attorneys at Kirkland.
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How To Navigate The FTC's New Private Equity Frontier
The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How 2 Cases Could Undermine The Anti-ESG Movement
A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.
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5th Circ. Ruling Shows Need For Proffer Terms Negotiation
The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work
While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.
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FTC's Health Co. Suit Indicates Agency's Private Equity Focus
The Federal Trade Commission's latest lawsuit against an anesthesia company and its private equity investor highlights the agency's willingness to regulate the health care industry even when relevant acquisitions are relatively dated or when the controlling entity's economic interest is under 50%, say attorneys at Simpson Thacher.
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Cases Linking Baby Food, Autism Pose Causation Challenges
Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.