Texas

May 16, 2025
Progressive, Kanner & Pintaluga Slam Accident Data Suit

Progressive Casualty Insurance Co. and Kanner & Pintaluga PA have filed separate motions in Texas federal court to dismiss a proposed class action accusing the two of conspiring to share auto crash victims' private information against state and federal law, with each arguing that the allegations, as the insurer put it, "make no sense."
May 16, 2025
Justices Keep Pause On Some Venezuelan Removals

The U.S. Supreme Court on Friday reasserted that the Trump administration cannot remove from the country alleged Venezuelan gang members who are currently detained in northern Texas under the Alien Enemies Act while they challenge the president's invocation of the 1798 wartime law.
May 16, 2025
Jackson Walker Criticizes JC Penney Fee Suit As 'Money Grab'

Jackson Walker LLP wants out of a fee suit brought by former client J.C. Penney, arguing that the bankrupt department store's wind-down debtors entered claims as a "leverage play and a money grab" after learning that a firm partner had engaged in a yearslong undisclosed relationship with a Texas bankruptcy judge.
May 16, 2025
5th Circ. Reverses Intervention Denial For Border Wall Cos.

A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.
May 16, 2025
EEOC's Take On Trans Rights Conflicts With Law, Judge Says

The U.S. Equal Employment Opportunity Commission exceeded its authority when it laid out its worker-friendly take on the U.S. Supreme Court's Bostock opinion, a Texas federal judge found, striking down parts of agency anti-harassment guidance that interpreted the landmark ruling's implications for gay and transgender workers.
May 15, 2025
Wayfair IT Contract Claims Must Be Arbitrated, Court Hears

An information technology firm has told a Texas federal judge that another IT provider must arbitrate its fraud suit against the firm stemming from their contract to provide software and hiring services to online retailer Wayfair LLC.
May 15, 2025
Investor Makes Deal With PE Fund In Fla. Suit Alleging Fraud

A Texas accountant has lodged a federal complaint alleging a Florida-based CEO of a private equity fund and two executives refused to return $1 million of his life savings after buying securities that produced virtually no income, although the parties on Thursday struck a tentative deal to have the lawsuit tossed.
May 15, 2025
Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit

A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.
May 15, 2025
Oil Producer Says Hess Corp. Stiffed It To The Tune Of $69M

An Oklahoma-based independent oil producer claimed New York-based Hess Corp. spun a web of "self-dealing" agreements among its subsidiaries to charge inflated midstream service fees, telling a Texas federal court Hess drained it of up to $69 million in revenue it would have otherwise collected.
May 15, 2025
Apple Accused Of False IPhone AI Promises In 50-State Suit

Apple pulled a bait-and-switch on phone buyers when it promised that new artificial intelligence features would be available on the iPhone 16, despite knowing it hadn't yet developed those features, according to a sprawling proposed class action that brings claims under consumer protection laws in all 50 states.
May 15, 2025
X Wants $105M Video Patent Verdict Thrown Out

X Corp. said it wants to undo a Dallas jury's finding from last month that said it owed $105 million for infringing a startup company's video sharing patent, arguing a reasonable jury could not have found the single claim was worth that much.
May 15, 2025
Greenberg Traurig, Loeb Guiding $1.7B Acuren, NV5 Deal

Acuren Corp. said Thursday it will acquire NV5 Global Inc. in a cash-and-stock deal worth about $1.7 billion, combining two companies that serve key roles in infrastructure and industrial markets.
May 15, 2025
Texas Senate OKs Bill Allowing 1st Amend. Suits Against Bar

The Texas Senate has passed a bill prohibiting the state bar from creating policies that affect bar members' First Amendment rights.
May 15, 2025
Polsinelli Lands Alston & Bird Capital Markets Ace In Dallas

Polsinelli PC expanded its capital markets and commercial lending practice group Thursday with the addition of a partner of 13 years at Alston & Bird LLP bringing experience advising clients in the healthcare, telecommunications financial services and advanced manufacturing industries.
May 15, 2025
5th Circ. Says Samsung Must Face Battery Suit In Texas

A divided Fifth Circuit panel has revived a man's claims against South Korea-based Samsung SDI Co. Ltd. in a suit over an exploding e-cigarette battery, finding the company's marketing to industrial companies in Texas is enough of a connection to the state to grant jurisdiction.
May 15, 2025
Justices Say Context Matters When Evaluating Use Of Force

The U.S. Supreme Court on Thursday cleared the way for a civil rights lawsuit against a Houston-area traffic officer who shot and killed a fleeing man, ruling that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.
May 14, 2025
Audit Firms Agree To $46M Deal Over Alleged GPB Fraud Ties

Several auditors of GPB Capital have agreed to pay $46 million to settle claims about their alleged role in the $1.8 billion GPB Capital-Ascendant Capital fraud scheme, which allegedly victimized approximately 15,000 investors.
May 14, 2025
Texas Appeals Court Asks If It Can Flip Arbitration Order

A Texas appeals court questioned Wednesday whether it can flip an order compelling several whistleblowers at the center of a $14 million settlement with JPMorgan Chase Bank NA into arbitration, saying it may not have jurisdiction.
May 14, 2025
HUD Allocates $1.1B For Tribal Affordable Housing Initiatives

The U.S. Department of Housing and Urban Development will allocate more than $1.1 billion in Indian Housing Block Grant funding to support affordable housing efforts in Native American tribal communities, HUD announced Tuesday.
May 14, 2025
Oilify Cleared Of Infringement In Oil Field Product Patent Suit

A Texas federal court has granted a win to the designer and distributor of a device used to separate gas and solids from oil collection in a suit accusing them of infringing a trio of patents.
May 14, 2025
5th Circ. Declines To Rehear SEC's Kroger Proxy Decision

The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.
May 14, 2025
Alex Jones Can't Duck $1B Sandy Hook Payout During Appeal

Infowars host Alex Jones cannot avoid a $1.3 billion defamation judgment favoring the victims of the Sandy Hook Elementary massacre while he crafts an appeal to the U.S. Supreme Court in the hopes it accepts his final challenge to the record-breaking verdict, a Connecticut appeals court has ruled.
May 14, 2025
Texas Panel Says Ex-Cop's Phone Fair Game In Bribe Case

The highest criminal court of appeals in Texas ruled Wednesday that an ex-San Antonio police officer cannot suppress evidence found on a cell phone that prosecutors claim contains evidence of child pornography and that the officer had been accepting bribes.
May 14, 2025
Potential Jurors In IP Hot Spots Hold Mixed Views On Big Tech

A survey of possible jurors in popular courts for intellectual property cases has found their overall outlook on Big Tech to be largely positive, but also found that many believe that tech giants will swipe technology from smaller businesses and that they suppress competition.
May 14, 2025
Abbott Signs Bill Codifying Immunity For Corporate Execs

Texas Gov. Greg Abbott on Wednesday signed into state law a corporate reform bill that codifies the "business judgment rule," which provides immunity for corporate directors from personal liability for company decisions.

Expert Analysis

Class Actions At The Circuit Courts: Nov. And Dec. Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
Mentorship Resolutions For The New Year

Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
Trump's Energy Plans For Generation, Transmission And More

The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'

The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.
5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
How FTC Sent A $5.6M Warning Against Jumping The Gun

The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
Predicting Where State AGs Will Direct Their Attention In 2025

In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
The Fed. Circ. In 2024: 5 Major Rulings To Know

In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
Lessons From Two New Year's Eve Uptier Exchange Decisions

On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
Public Corruption Enforcement In 2024 Has Clues For 2025

If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.