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March 05, 2025
Feds Urge Justices To Allow Nuke Waste Storage In Texas
The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.
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March 05, 2025
Construction Co. Not Covered For $11M Verdict, Insurer Says
A construction company isn't entitled to coverage for an $11 million jury verdict against it in an underlying personal injury suit because the builder's policy excludes coverage for residential construction activities, an insurer told a Texas federal court.
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March 05, 2025
Houston Atty Says Rivals Solicited And Duped His Clients
A solo practitioner in Houston has accused rival attorneys of legal malpractice and tortious interference for allegedly pretending to be associated with his law firm in order to trick his clients into entering misleading contracts and then launching fraudulent suits on their behalf, according to a $1 million suit filed in Harris County District Court.
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March 05, 2025
Jay-Z, Buzbee Dispute Threats, Confession In Rape Case
The monthslong legal feud between Shawn "Jay-Z" Carter and prominent plaintiffs attorney Tony Buzbee has reached a new pitch, as Carter claims to have evidence proving he did not rape a 13-year-old alongside disgraced rapper Sean "Diddy" Combs, while Buzbee claims Carter is trying to menace the victim into silence.
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March 05, 2025
Fed. Circ. Keeps Lenovo, Databricks Patent Fights In Texas
The Federal Circuit has turned down efforts by Lenovo and Databricks to ship separate lawsuits they are facing from patent-holding companies out of the Eastern District of Texas.
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March 05, 2025
Texas A&M Group Sues To Bring Back Canceled Drag Show
A Texas A&M University student group that planned to host a drag show fundraiser later this month sued the university system on Wednesday over a recently enacted policy banning drag performances on its campuses based on an executive order issued by President Donald Trump.
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March 05, 2025
GSA Publishes, Then Pulls List Of Properties It Could Dispose
The U.S. General Services Administration on Wednesday removed a list of 440 properties that it considered inessential and said warranted disposal — including several courthouses and buildings used as headquarters for various agencies — the day after announcing it had identified them as "non-core assets."
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March 05, 2025
Revived Bill To Add Judges Teed Up For Another House Vote
The House Judiciary Committee voted out of committee three bills on Wednesday along party lines, including legislation to add more federal judgeships that the federal judiciary says are needed desperately but has become subject to partisan fighting.
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March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid
Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
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March 05, 2025
Ally Financial, Veteran End Race And Disability Bias Suit
Ally Financial Inc. and a Black veteran who said she was fired for taking time off to address mental health issues have struck a deal to resolve her race and disability bias suit, according to a Texas federal court filing.
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March 05, 2025
Skin Care Tech Co. Files Ch. 11 With $400M Prepackaged Plan
Skin care and beauty technology company Cutera Inc. filed for Chapter 11 protection in a Texas bankruptcy court Wednesday with over $429 million in debt and a prepackaged debt-swap plan to cut that number by nearly $400 million.
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March 04, 2025
Gov't Says 2 Lab Owners Billed $40M In COVID Test Scheme
Federal prosecutors opened their case Tuesday against two laboratory owners, telling jurors in Florida that they ran a more than $40 million scheme to submit medically unnecessary COVID-19 testing claims to healthcare benefit programs.
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March 04, 2025
PTAB Orders Mostly Backing Apple, Others Upheld On Appeal
The Federal Circuit on Tuesday affirmed Patent Trial and Appeal Board decisions that Apple and others had shown most claims of a patent on using cameras to sense gestures by users are invalid, but said the board correctly upheld two claims.
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March 04, 2025
Albright Rejects Transfer Bid In Another Apple Patent Feud
U.S. District Judge Alan Albright rejected Apple and Qualcomm Inc.'s bid to transfer Red Rock Analytics' patent suit against them from the Western District of Texas to the Northern District of California, saying in a redacted order made public Tuesday that the tech companies have not established the case "would be clearly more convenient" in the preferred venue.
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March 04, 2025
House GOP Push WH Right To Send State Cases To Fed. Court
House Republicans on Tuesday rallied behind a bill that would let current and former presidents move state cases against them to federal court, calling the legislation a response to weaponized prosecutions of President Donald Trump.
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March 04, 2025
Judge Says She'll Ask What 'Nobody Else Will' In Romance Suit
A federal judge expressed incredulity Tuesday that Jackson Walker didn't press its former partner harder to get the exact dates of her relationship with a former bankruptcy judge when allegations of their relationship came to light in 2021.
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March 04, 2025
Staffing Co. Got 'Honest Pay' For Dynata Work, Jury Hears
In a tense exchange, an executive for a staffing company told a Dallas jury that market research company Dynata LLC had wrongly withheld $8 million after an attorney representing Dynata said the staffing company had already gotten "honest pay" for "honest work."
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March 04, 2025
CFPB Says Ga. Enforcement Atty 'No Longer Employed' There
Another Consumer Financial Protection Bureau attorney, based out of the agency's Atlanta regional office, has left the bureau as it faces uncertainty under President Donald Trump's administration.
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March 04, 2025
Paxton Retaliation Case In 'Untested Territory,' Judge Says
A Travis County judge said Tuesday that she was inclined to reopen evidence before approving a multimillion-dollar judgment proposed by four former deputies of Texas Attorney General Ken Paxton, noting that a recent appellate ruling left the court "in untested territory."
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March 04, 2025
American Airlines Seeks Win In Suit Over In-Flight Death
American Airlines on Monday told a Texas federal judge that a suit brought by a woman over her son's death from a medical emergency on a flight should be denied because the teenager's death was not caused by an accident.
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March 04, 2025
In Rare Move, Texas Judge Shuns Out-Of-State BigLaw Attys
Two out-of-state BakerHostetler attorneys' "frequent" work in the Lone Star State has sunk their bids to be admitted pro hac vice in a lawsuit accusing the U.S. Food and Drug Administration of catering to Big Pharma by nixing cheaper versions of the miracle weight loss drug Ozempic.
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March 04, 2025
Ex-Texas US Atty Hamdani Joins Bracewell In Houston
Bracewell LLP announced Tuesday that Alamdar S. Hamdani, former U.S. attorney for the Southern District of Texas, has joined the firm as a Houston-based partner in its government enforcement and investigations practice, bringing 17 years of Department of Justice experience to the team.
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March 04, 2025
IRS Crypto Summons Broke Privacy Law, 5th Circ. Told
The IRS failed to comply with privacy law in seeking a cryptocurrency executive's third-party bank records, the executive told the Fifth Circuit, saying the agency never notified his attorney even though it was aware he was represented by counsel.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 04, 2025
Massumi & Consoli Gains Litigator In Dallas From Baker Botts
Massumi & Consoli has continued to bulk up its offerings for clients facing transaction-related litigation and other high-stakes business disputes with a partner in Dallas who joined from Baker Botts LLP.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.