Texas

May 16, 2025
Name Mix-Up Costs Lender Property Claim, 5th Circ. Says

A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.
May 16, 2025
Tesla Tells Justices Challenge To La. Sale Ban Should Stand

Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.
May 16, 2025
Fed. Circ. Backs Apple PTAB Win Over Location-Tracking IP

The Federal Circuit has backed a series of Patent Trial and Appeal Board decisions that found a trio of beacon technology patents were invalid, handing a win to challenger Apple.
May 16, 2025
Families Rip DOJ Bid To Ditch Boeing 737 Max Criminal Case

The U.S. Department of Justice might back down from criminally prosecuting Boeing over the deadly 737 Max crashes and save the American aerospace giant from a high-profile trial in Texas next month under a tentative deal that attorneys for crash victims' families decried Friday as offensive and "morally repugnant."
May 16, 2025
Fed. Circ. Makes Apple Face Fintiv Payment IP Again

The Federal Circuit revived Fintiv Inc.'s infringement suit against Apple Inc. over contactless payments Friday, saying the Texas federal judge who freed Apple viewed what evidence is acceptable too narrowly.
May 16, 2025
Houston Church Settles Claims It Enabled Predatory Pastor

A Baptist megachurch in Houston and the Southern Baptist Convention have settled a lawsuit brought by three women who alleged the church enabled and encouraged a sexual predator.
May 16, 2025
Driver Fights Sanctions For Trading Vehicle In FCA Suit

Drivers alleging Fiat Chrysler sold vehicles with defectively designed interior trim on door panels told a Michigan federal judge that one of its lead plaintiffs doesn't deserve sanctions for trading in his vehicle, saying the trade-in was a snap decision and wasn't done to prevent the automaker from inspecting the vehicle.
May 16, 2025
Texas Justices Free Walgreens From Shopper's Theft Dispute

The Texas Supreme Court ruled Friday that Walgreens can escape a shopper's negligent hiring claim under the state's law against strategic lawsuits against public participation, or anti-SLAPP statute.
May 16, 2025
5th Circ. Asked To Undo Houston Firm's 'Absurd' PPP Denial

A Houston firm asked the Fifth Circuit to reverse the U.S. Small Business Administration's "absurd" denial of its loan forgiveness under a COVID-19-era program, writing that a "good faith but mistaken answer" to an application question would have produced a different result under changed guidelines.
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.

Expert Analysis

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.
Small Biz Caught In Corporate Transparency Act Crossfire

Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
Opinion

Laken Riley Act Will Not Advance Immigration Reform

By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
Series

Texas Banking Brief: All The Notable Legal Updates In Q4

The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.
Opinion

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
The Compliance Trends And Imperatives On Tap In 2025

The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
Top 10 Noncompete Developments Of 2024

Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.