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March 17, 2025
Vague Settlement Can't Free Insurer From Asbestos Claims
An insurer that says its policies' limits were exhausted while paying over $5 million toward an asbestos injury settlement on behalf of BNSF Railway failed to show it actually went over its limits, a Texas appeals court found.
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March 17, 2025
Ginnie Mae Says Texas Bank Can't Undo Ruling On Lien
Ginnie Mae and the U.S. Department of Housing and Urban Development have urged a Texas federal court to grant them summary judgment in a Texas bank's lawsuit, which alleges the government wrongfully extinguished the bank's first-priority lien for nearly $30 million of collateral, saying the court already upheld the authority to terminate the lien.
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March 17, 2025
Fraud Victims Claim CRE Fintech Firm Skirted Securities Law
A group of investors pointed to a recent fraud case in seeking to claw back more than $1 billion raised by fintech firm CrowdStreet, claiming in a proposed class action filed in Texas federal court that the platform operated outside state and federal financial regulations for a decade.
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March 17, 2025
American Airlines Pension Data Suit Transferred To Texas
American Airlines can ship to Texas a proposed class action alleging the company used outdated statistics to calculate retirees' pension payments, an Illinois federal judge ruled, finding the worker leading the case was one of the only things tying the suit to Illinois.
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March 17, 2025
Arnold & Itkin Says Houston Firm 'Renting' Its Name For Clout
Texas-headquartered trial firm Arnold & Itkin LLP has sued a small personal injury firm in Houston, accusing it of unlawfully capitalizing on the firm's well-earned reputation and success by misdirecting web searches to its website through the purchase of certain search keywords.
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March 17, 2025
Houston Midwife Arrested In Texas' 1st Criminal Abortion Case
A Houston-area midwife has been arrested after an investigation by the Texas attorney general's office for allegedly providing illegal abortions, Attorney General Ken Paxton announced Monday, the first such criminal charges brought since the state issued its near-total abortion ban.
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March 17, 2025
DOL Urges 5th Circ. To Keep Contractor Wage Hike Ruling
Former President Joe Biden had the authority to raise the minimum wage for federal contractors through a presidential executive order, the Trump administration's U.S. Department of Labor said, urging the full Fifth Circuit to leave in place a panel's decision backing the wage hike.
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March 17, 2025
PepsiCo Buying Poppi Prebiotic Soda Brand In $1.65B Deal
PepsiCo Inc. said Monday it has agreed to pay $1.65 billion for the "better-for-you" prebiotic soda brand Poppi, as the beverage giant looks to capitalize on growing consumer interest in health and wellness.
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March 15, 2025
Judge Temporarily Blocks Removals Under 1798 Wartime Law
A D.C. federal judge on Saturday blocked the Trump administration from deporting some Venezuelans under the 1798 Alien Enemies Act, a wartime law President Donald Trump invoked hours earlier to immediately remove noncitizens deemed to be enemies of the state.
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March 14, 2025
ExxonMobil Brings $14M Clean Air Act Suit To High Court
ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decades-old high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.
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March 14, 2025
Texas Judge Rejects Ex-GloriFi CEO's Bid To Stop Claims Sale
A Texas federal judge shot down an alleged attempt by the former CEO of bankrupt conservative-centered fintech startup GloriFi to preserve the ability to sue investors like Ken Griffin's Citadel LLC and Vivek Ramaswamy, saying Friday the bankruptcy judge got it right.
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March 14, 2025
Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.
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March 14, 2025
Fort Worth's Unwieldy PFAS Suit Against Gov't, Cos. Gets Split
A Texas federal judge on Friday ruled that Fort Worth's $420.6 million suit seeking to hold the federal government and various manufacturers liable for PFAS contamination must be split into separate cases, or risk being too unwieldy and confusing for jurors.
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March 14, 2025
Fed. Circ. OKs Apple's Patent Board Win In Beacon Dispute
The Federal Circuit on Friday signed off on a ruling from the patent board that wiped out all of the claims Apple challenged in a patent covering location-tracking beacons that was asserted against a software protocol developed for iPhones and iPads.
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March 14, 2025
5th Circ. Affirms Energy Exec's Insider Trading Conviction
The Fifth Circuit upheld a Texas energy executive's conviction for insider trading on natural gas futures based on the constitutionality of federal laws and regulations that criminalize manipulative commodity deals.
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March 14, 2025
Texas Restaurant Offered Worker $1K, Seeks To End Tip Suit
A Houston-area restaurant told a Texas court Friday that it offered $1,000 to a former server who claimed it failed to inform her that she would have to pay for her uniforms, saying the worker's proposed collective action should be tossed.
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March 14, 2025
Judge Gilstrap Won't Revive Patent In $142M Samsung Case
A Texas federal judge has denied G+ Communications' motion for a judgment that one of the three wireless network patents it asserted against Samsung is not ineligible, in a ruling that comes about a year after jurors cleared the electronics giant of infringing that patent but awarded $142 million for infringement of the other two.
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March 14, 2025
Record Labels Want Out Of Copyright Suit Over Cardi B Song
Two music creators who say Cardi B's hit "Enough (Miami)" infringed a song they wrote in 2021 cannot circumvent the need for a copyright registration merely by framing their claim under common law, Atlantic Records and Warner Music Group have said in a bid to toss the Texas federal lawsuit.
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March 14, 2025
SpaceX Suit Against Coastal Commission Grounded, For Now
A California federal judge dismissed SpaceX's suit Friday alleging the California Coastal Commission wrongly tried to block its rocket launches, but allowed leave to amend the complaint after warning the company's lawyer he would not grant any leave if he kept up his current line of attack on the suit.
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March 14, 2025
Halliburton Rival Loses Fracking Claims At Fed. Circ.
The Federal Circuit has affirmed findings in Halliburton's favor at the Patent Trial and Appeal Board that came after the company challenged claims in patents covering electric pumps used in hydraulic fracturing.
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March 14, 2025
Father Drops Suit Over Auction Of NBA Star's Viral Jersey
The New York man whose young son swapped jerseys with NBA star Victor Wembanyama dismissed his state court lawsuit on Friday against the company that sold the jersey for more than $73,000.
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March 14, 2025
Startup Investor Says Cooley Knew About Fraud Probe
Attorneys for a dry cleaning delivery startup knew that the founder and sole director of the company had fabricated company documents and was the subject of an active securities fraud investigation in Texas as he solicited money from investors, an ex-board member said Friday in response to the law firm's bid to toss a securities fraud lawsuit.
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March 14, 2025
5th Circ. Reverses Insurer's Bar Assault Coverage Win
The Fifth Circuit reversed on Friday a decision finding a bar's insurer had to pay only $1 million of a $3.2 million judgment because a settlement demand letter was too vague, saying the lower court should have declined to hear the case and must toss it on remand.
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March 14, 2025
Atty Gets 8½ Years For Attempted Embassy Attack
A Florida attorney who pled guilty to damaging a San Antonio sculpture and unsuccessfully trying to detonate explosives outside the Chinese Embassy in Washington, D.C., was sentenced to 8½ years Friday, after the judge overseeing the case said the defendant's own statements at the hearing likely got him more time.
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March 13, 2025
Texas AG Says Dallas Might Have 'Sanctuary City' Policy
The Texas Office of the Attorney General announced Thursday it has launched an investigation into the city of Dallas over its alleged refusal to comply with state and federal immigration laws, saying it had concerns Dallas police weren't assisting federal agencies' immigration enforcement efforts.
Expert Analysis
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Crypto Cos. Add New Play In Their Offense Against SEC
Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.