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Texas
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October 21, 2024
5th Circ. Asked To Nix Insurer's $2.2M Assault Coverage Win
A group of Texas trial lawyers urged the Fifth Circuit to reverse a Texas federal court's order permitting a bar's insurer to pay only its $1 million limit for a $3.2 million personal injury judgment, arguing the underlying plaintiffs made a valid presuit settlement demand.
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October 21, 2024
Judge Cites University Ties To Bow Out Of Aid-Fixing Suit
An Illinois federal judge has recused herself from a proposed antitrust class action against 40 private colleges, reasoning that she has a relationship with one of the university defendants.
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October 21, 2024
5th Circ. Says Doc's Roundup Cancer Suit Filed Too Late
The Fifth Circuit won't upend summary judgments in favor of Monsanto Co. in a suit by the family of a doctor who they say died because of his exposure to the weedkiller Roundup, finding that the suit was filed well outside the time limit.
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October 21, 2024
Judge Upholds Ginnie Mae's Authority To Vacate Bank's Lien
A Texas federal judge ruled that the Government National Mortgage Association didn't overstep its authority when it vacated a bank's lien on a loan worth tens of millions of dollars, rejecting Texas Capital Bank's bid for partial summary judgment.
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October 21, 2024
Haynes Boone, ArentFox Schiff Advise $1B Paving Co. Deal
Haynes and Boone LLP represented Alabama road builder Construction Partners Inc. in its nearly $1 billion acquisition of Austin, Texas-based Lone Star Paving, which relied on advice from ArentFox Schiff LLP in the transaction.
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October 21, 2024
Litigation Funding Firms Aim To Escape Hurricane Ad Suit
Two litigation funders are urging a Texas federal court to adopt a magistrate judge's recommendation to toss claims against them in a proposed class action alleging a law firm deceptively advertised to hurricane victims.
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October 21, 2024
High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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October 21, 2024
High Court Will Review Clean Air Act Jurisdiction Cases
The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Texas Federal Judge Owned Tesla Stock After Taking X Suit
A Texas federal judge overseeing a high-profile case between X Corp. and a media watchdog bought and sold shares of Elon Musk's automotive company Tesla the same year that X filed the suit, according to financial disclosure reports.
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October 18, 2024
Justices Urged To Undo Ruling Against Horse Racing Law
The Horseracing Integrity and Safety Authority has pressed the U.S. Supreme Court to vacate a Fifth Circuit ruling against a federal law delegating horse safety regulation to the horse-racing authority, arguing that the law's framework is regularly upheld by other courts, according to a petition.
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October 18, 2024
Lenovo Can't Use Subsidiary To Dodge IP Suit, Gilstrap Rules
A Texas federal judge on Thursday denied Lenovo Group Ltd.'s bid to toss patent infringement claims brought by a patent licensing company owned by Wi-LAN Inc., rejecting the Chinese computer giant's argument that it is a mere holding company lacking sufficient contacts with the Lone Star State.
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October 18, 2024
How Texas Legislators Blocked 1st 'Shaken Baby' Execution
A bipartisan group of Lone Star State legislators stopped what would have been the nation's first execution for a conviction based on a "shaken baby syndrome" diagnosis by raising a novel separation-of-powers question about whether legislative subpoenas or death warrants carry more authority.
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October 18, 2024
FTC Appeals Noncompete Ban Loss To 5th Circ.
The Federal Trade Commission gave notice Friday that it would seek Fifth Circuit intervention against a Texas federal judge's decision to block its ban on employment noncompete agreements.
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October 18, 2024
5th Circ. Partially Upholds $2M Win In Hurricane Coverage Suit
The Fifth Circuit has upheld in part a Louisiana church's more than $2 million judgment win against an insurer that was accused of not paying enough for the church's hurricane damage claims.
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October 18, 2024
5th Circ. Won't Revive Immigrant Investors' RICO Suit
The Fifth Circuit refused to revive a Racketeer Influenced and Corrupt Organizations Act lawsuit brought by foreign investors who claim they were offered fraudulent franchise opportunities in the United States as a way to obtain residency visas, finding that the plaintiffs didn't allege a cognizable enterprise.
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October 18, 2024
Enforcers Fight RealPage Transfer Bid In Rent-Fixing Case
Enforcers urged a North Carolina federal court not to transfer the government's antitrust case against RealPage to the Tennessee court overseeing similar private cases, saying Congress has made it clear that public antitrust actions should not be roped into multidistrict litigation.
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October 18, 2024
Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest
The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.
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October 18, 2024
Skiplagged Must Pay American Airlines $9.4M In IP Row
American Airlines came out on top in a suit against airfare search engine Skiplagged Inc., with a jury finding that Skiplagged must cough up $9.4 million for infringing the airline's copyright.
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October 18, 2024
Justices Told To Skip RFID Patent Row Over Standing
A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.
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October 18, 2024
Travis Scott Appeal Is 'Self-Inflicted' Issue, Trial Plaintiffs Say
Three Astroworld plaintiffs set to have their day in court next week hit back at Travis Scott's bid for settlement information, telling a Texas appeals court that the rapper's motion is a manufactured "emergency" based on "incorrect argument."
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October 18, 2024
Steptoe & Johnson Lands Clark Hill Employment Duo In Texas
Steptoe & Johnson PLLC has grown its labor and employment offerings in Texas with the addition of two attorneys from Clark Hill PLC.
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October 18, 2024
Sweden's Intrum Plans To File For Bankruptcy In The US
Swedish debt collector Intrum said Friday that it plans to file for Chapter 11 protection in the U.S. along with a reorganization in its home country with eyes set on refinancing $4.9 billion in debt with a lock-up agreement with creditors.
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October 17, 2024
OnePlus Owes Pantech $1M After Patent Verdict Do-Over
A Texas federal jury Thursday determined that Chinese phone company OnePlus owes Pantech Corp. almost $1 million in damages for infringing four patents related to technology used to comply with 5G wireless standards, after the initial $10 million verdict was tossed as "excessive."
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October 17, 2024
'More Honesty' Needed In Philips IP Row, Judge Says
A Texas federal judge told the owner of a company accused of pilfering around $12 million worth of Philips North America LLC's trade secrets that things might have gone better if he had "been more honest," pointing out that he had given contradictory testimony during a hearing Thursday.
Expert Analysis
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement
While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.
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2 Years Of Waco: How Patent Case Distribution Has Changed
A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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Opinion
Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule
Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Daubert Motion Trends In Patent Cases Reveal Damages Shift
A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.