Texas

  • February 09, 2024

    American Airlines Escapes Passenger's Ear Injury Suit

    A Texas appeals court has thrown out claims from an American Airlines Inc. passenger who alleged he suffered from tinnitus after feeling a pop in his ears when the pilot made an announcement, saying he didn't address the bulk of the airline's arguments.

  • February 09, 2024

    21 GOP States Back High Court Petition On Ending FCC Subsidy

    Officials from 21 Republican-led states are urging the U.S. Supreme Court to torpedo the Federal Communications Commission's system for subsidizing rural telecom and phone services, calling on the justices to grant a request from a free market group to take up its challenge to the FCC's fee structure.

  • February 09, 2024

    Texas Hilton Hotel Tells DOJ It Will Comply With ADA

    An Austin, Texas, hotel has inked an agreement with the federal government to train its staff to provide equal services to guests after a disabled woman complained about her alleged treatment to the U.S. Department of Justice.

  • February 09, 2024

    Thompson Coe Atty Is Starting His Own Plaintiffs Firm

    Houston trial lawyer Will Moye, who has defended clients such as the Houston Astros, Chevron and Ford Motor Co. against personal injury and product liability claims, announced he's switching sides and will launch his own firm representing injured plaintiffs.

  • February 09, 2024

    2023 Patent Litigation: A Year In Review

    Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S. in 2023, with the Eastern District of Texas overtaking it.

  • February 09, 2024

    LG Accused Of Infringing Texas Co.'s Screen Display Patents

    Bishop Display Tech LLC accused LG Electronics in Texas federal court of infringing several patents relating to liquid crystal screen displays, saying that the appliance heavyweight continued to sell products that use those technologies despite knowing of the infringement.

  • February 09, 2024

    Audacy Floats Two Ch. 11 Sales That Could Net Debtor $21.6M

    Bankrupt radio station operator Audacy Inc. wants to sell two pieces of real estate near Boston for as much as $21.6 million to raise funds for its estate in Chapter 11, asking a Texas judge to approve the deals so that it can close on them by early March.

  • February 09, 2024

    Bally Sports Waiting On OK For Deal On 2024 MLB Season

    A Texas bankruptcy judge Friday told the owner of Bally Sports Network it can modify its broadcast deals with three Major League Baseball teams, but held off approving a resolution to its remaining disputes with MLB to give unsecured creditors time for a look at the deal.

  • February 09, 2024

    Feds Ask High Court To Block 'Ghost Gun' Exemption

    The federal government is asking the U.S. Supreme Court to step in and block an injunction exempting two companies that sell so-called ghost guns, which lack serial numbers, from a rule classifying the kits as firearms, saying the Fifth Circuit's current ruling creates a loophole that will result in a "flood" of untraceable weapons in the country.

  • February 08, 2024

    Texas Jury Clears Cloudflare, Axes Router Patent Claim

    San Francisco software company Cloudflare did not infringe a router patent owned by Sable Networks, a Texas federal jury determined Thursday, while also finding that Sable's asserted claim is invalid.

  • February 08, 2024

    Service Failure On Expert Reports Dooms Texas Med Mal Case

    A medical malpractice suit over the death of a man admitted to a medical center for stomach pain will not move forward because two expert reports and accompanying curriculum vitae were not served on the defendant's doctor and facility quickly enough, a Texas appellate panel ruled Thursday.

  • February 08, 2024

    5th Circ. Skeptical Of Gatekeeper Clause In Highland Ch. 11

    A Fifth Circuit panel on Thursday appeared to balk at a provision in financially troubled investment firm Highland Capital Management LP's reorganization plan that requires court approval for parties to bring claims against the estate, suggesting the measure was an unnecessarily blunt instrument to prevent frivolous litigation.

  • February 08, 2024

    Texas Adjuster No Longer To Pretend To Be Lloyd's Of London

    An insurance adjuster who hijacked the good name of British underwriting giant Lloyd's of London after blaming it for lost compensation agreed in Texas federal court to shut down businesses he opened in its name.

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 08, 2024

    Ex-BigLaw Atty Tells Jury LaPierre Didn't Control NRA Board

    A former BigLaw partner was the latest National Rifle Association board member to testify in defense of the gun rights group at the New York attorney general's fraud trial, telling jurors Thursday that it's "just not true" that longtime CEO Wayne LaPierre had full power over NRA decisionmaking.

  • February 08, 2024

    AgileThought Gets Initial OK For Rolling Ch. 11 Dismissals

    Technology firm AgileThought Inc. can dismiss 19 of 32 consolidated Chapter 11 cases, a Delaware bankruptcy judge ruled Thursday, adding that she wanted to make sure all administrative creditors had some form of notice before she signed off on a process for future dismissals.

  • February 17, 2023

    2022 Patent Litigation: A Year In Review

    The Western District of Texas maintained its title as the busiest court for patent litigation in 2022, patent case filings held steady and appeals of district court patent decisions took a dip last year. Check out Law360's coverage of a new report on U.S. patent litigation, with revealing details about the most influential law firms, courts and tactics.  

  • February 08, 2024

    FDA Settles Allegations Of Uneven Blood Treatment Standards

    The U.S. Food and Drug Administration has settled a pharmaceutical company's lawsuit in D.C. federal court accusing the agency of subjecting the company's blood-clotting medication to costly clinical trials and higher standards than its competitors' products were required to meet.

  • February 08, 2024

    'Utter Chaos' If Duty To Defend Ruling Is Upheld, 5th Circ. Told

    Upholding a Texas district court's ruling that Kinsale Insurance Co. must defend wrongful death claims stemming from an amateur racing event because of policy ambiguities would create "utter chaos," the insurer told the Fifth Circuit on Thursday, noting the policy at issue involved standard-form exclusionary endorsements.

  • February 08, 2024

    Exxon Told Climate Proposal Suit Threatens Investor Rights

    The Interfaith Center on Corporate Responsibility is urging Exxon to abandon a lawsuit launched against two activist investors who tried to push for a shareholder vote on a climate proposal that has since been withdrawn.

  • February 08, 2024

    Trustee Balks At Retroactive Atty Hire In Infowars Ch. 11 Case

    The Office of the U.S. Trustee opposed a retroactive retention of a law firm for the bankruptcy trustee in the Chapter 11 case of Alex Jones' Infowars radio show production company, saying there is no justification for failing to file a retention application for more than a year.

  • February 08, 2024

    DOL Seeks To Ax Challenge To New Davis-Bacon Rule

    The U.S. Department of Labor has asked a Texas federal judge to toss the Associated Builders and Contractors' lawsuit seeking to stop the agency from enforcing a final rule regarding prevailing wage rates for federal construction projects, saying the group didn't show how the rule would harm its members.

  • February 08, 2024

    SEC Challenger References Son Of Sam In 'Gag Rule' Row

    Counsel for a financial radio show host referenced Son of Sam as she challenged a so-called gag rule issued by the U.S. Securities and Exchange Commission before the Fifth Circuit on Thursday, telling the panel that even serial killers are afforded First Amendment rights when faced with allegations by the government.

  • February 08, 2024

    Ebix Investors Seek Creation Of Ch. 11 Equity Committee

    Insurance software maker Ebix's shareholders have moved to have the U.S. Trustee's Office appoint an official committee of equity holders in the company's Chapter 11 case, arguing the business is clearly solvent, and that a separate fiduciary entity is needed to protect value for the benefit of investors.

  • February 08, 2024

    Mass Shooting Survivor Loses $17M Judgment On Appeal

    A Texas appellate court has overturned a mass shooting victim's $17 million judgment she won against a restaurant after accusing one of its managers of not sufficiently intervening, ruling that the food joint can't be held to account because the manager wasn't found to have had a responsibility to control the shooter.

Expert Analysis

  • Opinion

    Justices Should Nix Section 230 Immunity For Tech

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    The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it's long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.

  • 3 Cases Show Tensions Between Arbitration And Insolvency

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    The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.

  • Opinion

    Air Ambulance Ch. 11s Show Dispute Program Must Resume

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    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What ESG Investing Ruling Means For Fiduciaries

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    A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.

  • Louisiana's Toxic Tort Barrier May Be Weakening

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    Louisiana's short prescriptive period to bring a survival action has long served as an important barrier against toxic tort claims, but the plaintiffs bar will likely rely on the recent Fifth Circuit decision in Jack v. Evonik to argue that anyone who arguably suffered injury based on exposure to some toxic substance may have a claim, say attorneys at Kirkland.

  • How To Navigate The FTC's New Private Equity Frontier

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    The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How 2 Cases Could Undermine The Anti-ESG Movement

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    A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.

  • 5th Circ. Ruling Shows Need For Proffer Terms Negotiation

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    The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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