• April 26, 2018

    BREAKING: Trump Taps Judges For 2nd, 4th Circuits

    President Donald Trump announced his choices for vacancies in the Fourth and Second Circuit appellate courts Thursday, as well as courts in Florida, Texas, Tennessee and New Hampshire.

  • April 26, 2018

    Hidden Expert Pay Gets J&J New Trial After $502M Verdict

    A $502 million jury verdict in a bellwether trial against Johnson & Johnson over allegedly faulty hip implants was marred by “unequivocally deceptive” payments made to expert witnesses by lead plaintiff’s lawyer Mark Lanier, who told jurors repeatedly the witnesses were unpaid, the Fifth Circuit said Wednesday in an opinion ordering a new trial.

  • April 25, 2018

    Farmers Say Firms Tricked Them Out Of GMO Settlements

    A group of North Dakota farmers accused a Texas law firm and co-counsel of tricking 60,000 farmers into signing a 40 percent contingency fee agreement in underlying multidistrict litigation over Syngenta AG’s genetically modified corn seed before secretly excluding them from other suits, in a putative class action filed in Minnesota federal court Tuesday.

  • April 25, 2018

    Texas Lab Wants Judge To Rethink $30.6M FCA Judgment

    A Texas laboratory ordered to pay $30.6 million under the False Claims Act for allegedly inflated travel expenses asked a Texas federal judge Tuesday to reconsider the ruling, saying a jury should hear argument on whether the lab and its owner knew their billing practices were problematic.

  • April 25, 2018

    Proskauer Pulls Bid At 5th Circ. To Stay $1.5B Stanford Trial

    Proskauer Rose LLP on Wednesday withdrew a request that the Fifth Circuit pump the brakes on an April 30 trial setting in a $1.5 billion lawsuit brought by the receiver for the R. Allen Stanford Ponzi scheme, just a day after asking the appellate court for a stay of the trial court proceeding.

  • April 25, 2018

    Senate Dems Grill Trump Nominee For 5th Circ. Seat

    Democrats on the Senate’s Judiciary Committee on Wednesday grilled Texas Gov. Greg Abbott’s general counsel Andrew S. Oldham, nominee to the Fifth Circuit Court of Appeals, over his record defending the state.

  • April 25, 2018

    Chiropractor Sues Defense Counsel After $6M RICO Loss

    A chiropractor found liable for $6 million in a civil RICO suit brought by Allstate Insurance Co. has sued his former defense counsel at Sayles Werbner PC in Texas state court, alleging his lawyer “strong-armed” him into paying a $300,000 flat fee on the eve of trial.

  • April 25, 2018

    Houston Doctor Says Deficient Reports Sink Malpractice Suit

    A Houston doctor facing claims that his delay in getting an MRI led to a patient’s permanent paralysis told a Texas appellate panel Wednesday that the patient’s suit was backed by flawed expert reports and should have been thrown out by a trial court judge.

  • April 25, 2018

    Willbros Investor Sues Over Proposed $108M Sale To Primoris

    Willbros Group Inc.'s board misled investors about a $107.6 million deal to sell the company to Primoris Services Corp. and undervalued the price, according an investor's proposed class action against the oil and gas infrastructure company and its board in Texas federal court Tuesday.

  • April 25, 2018

    Texas Judge OKs $33M Attys' Fees In $100M Halliburton Deal

    A federal judge in Texas on Wednesday approved $33 million in class counsel awards in a $100 million settlement between Halliburton Co. and disgruntled investors, saying the request — which is only 77 percent of the lodestar rate — is reasonable.

  • April 25, 2018

    5th Circ. Revives Cruise Co. Worker’s Hostile Workplace Claim

    A Fifth Circuit panel on Monday revived a former Vacations to Go sales representative’s claim that she suffered from a hostile work environment after being sexually harassed on the job, saying the lower court granted the company a quick win on that claim even though there was no pending motion for it.  

  • April 24, 2018

    BNSF Says EEOC Flouted ADA With Enforcement Actions

    BNSF Railway Co. slapped the U.S. Equal Employment Opportunity Commission with a lawsuit in Texas federal court Tuesday, alleging that the agency flouted the Americans with Disabilities Act by sending individuals right to sue notices based on an illegitimate charge from a former EEOC commissioner.

  • April 24, 2018

    Texas Probate Judge Scolded For Calling Ward 'Maggot Man'

    A probate judge in Texas has been admonished by the State Commission on Judicial Conduct after it concluded she failed to treat litigants and lawyers with a proper level of dignity and courtesy on at least four occasions, including one incident in which she referred to a potential ward as “Mr. Maggot” or “Maggot Man.”

  • April 24, 2018

    Texas Firms See Opportunity In Shunning Merger Frenzy

    Texas law firms are operating against a drumbeat of new entrants to the market, competitive lateral hiring and mergers that have swept up several long-established firms, but the stalwarts say their partners and clients prefer independence and say they've got plenty of room to grow and thrive.

  • April 24, 2018

    Proskauer Asks 5th Circ. To Stay $1.5B Stanford Trial

    Proskauer Rose LLP asked the Fifth Circuit on Tuesday to stay trial in a $1.5 billion suit brought by the receiver for the R. Allen Stanford Ponzi scheme, arguing in the firm’s latest attempt to evade trial that its appeal divests the trial court of jurisdiction.

  • April 24, 2018

    Texas Business Groups Sue To Block Austin Sick Leave Rule

    A group of businesses and business associations, represented by the conservative think tank Texas Public Policy Foundation, hit the city of Austin with a lawsuit Tuesday challenging the city's mandatory paid sick leave ordinance, set to go into effect on Oct. 1, and asked the court to halt its implementation.

  • April 24, 2018

    Senate OKs Trump Pick For 5th Circ. Seat

    The Senate has confirmed President Donald Trump’s choice for a Louisiana-based Fifth Circuit vacancy, sending Schaerr Duncan LLP partner Stuart Kyle Duncan, a lead attorney in the U.S. Supreme Court’s Hobby Lobby case, to the bench Tuesday on a largely partisan vote.

  • April 24, 2018

    Israeli Defense Co. Tacks $5.8M More Onto $21M IP Verdict

    A Texas federal judge has refused to upend a $21.1 million jury verdict handed down after a satellite internet service provider was found to have infringed upon an Israeli defense contractor's patent, instead tacking some $5.8 million onto the bill for royalties that accumulated before and after the trial.

  • April 24, 2018

    Cigna's Plan Reading Faulty In $8M ERISA Suit, Court Told

    Two Cigna units' bid to recoup money they shelled out for alleged overpayments to ambulatory surgical centers is based on a legally faulty interpretation of their plan, the centers told a Texas federal judge Monday, seeking a quick partial win in the insurer's $8 million lawsuit.

  • April 24, 2018

    Texas Doc's Attack On Expert Report Can't Sink Patient Suit

    A Houston doctor on Tuesday lost his bid to escape a medical malpractice suit brought by a deceased patient’s family when a Texas appellate court rejected the doctor's argument that an expert report supporting the family's claims did not link the doctor's actions to the patient's death.

Expert Analysis

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • Texas Insurers Should Prepare For Unexpected Floods

    Shannon O'Malley

    Because Texas floodplain maps have recently been demonstrated to be unreliable, insurers should not rely exclusively upon these designations in underwriting risks. Instead, insurers should reassess the risk for flooding in areas known to have heavy rainfall records, heavy development, aged infrastructure systems and unexpected flood losses, says Shannon O'Malley of Zelle LLP.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • NASCAR Drone Countermeasures May Be Illegal

    Joshua Turner

    Law enforcement officials and private entities should view NASCAR's endorsement of DroneGun radio jammers skeptically and investigate the legality of drone countermeasures before deploying them. Otherwise, they may find themselves trying to outrun a visit from federal authorities, say Joshua Turner and Sara Baxenberg of Wiley Rein LLP.