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Texas
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August 22, 2024
Texas Appeals Knocks $1M Hernia Mesh Fee Ask Down To $135K
A Texas appeals court on Wednesday upheld an arbitration award of $135,000 in attorney's fees in a decadeslong hernia mesh litigation dispute while denying the firm's request for $1 million.
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August 22, 2024
Homeowner Loses Atty Fees In Suit Over HOA Fence Policy
A Texas appeals court reversed a homeowner's win in a dispute with his neighbors over privacy fences facing a road, finding that a new state law prevents homeowners associations from enacting any covenant barring homeowners from putting up security measures, so the homeowner couldn't collect attorney fees.
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August 22, 2024
5th Circ. Says No Tolling For COVID, Trims Atty's Conviction
The Fifth Circuit on Thursday knocked a false statement charge off Houston attorney Richard Plezia's conviction for his involvement in a multimillion-dollar ambulance-chasing kickback scheme but upheld the rest of his conviction, including conspiracy to defraud the U.S. by helping another lawyer evade federal income taxes.
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August 22, 2024
Texas Asks Justices To Uphold Bar On Nuclear Waste Site
The state of Texas called on the U.S. Supreme Court to reject the U.S. Nuclear Regulatory Commission's attempt to upend a Fifth Circuit decision barring the agency from licensing a temporary nuclear waste storage facility in the state.
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August 22, 2024
Pennsylvania Hospital Gets 1 Week Reprieve In Steward Ch. 11
A Texas bankruptcy judge on Thursday approved an order setting general closing procedures for bankrupt hospital operator Steward Health Care, but gave Pennsylvania authorities a week's reprieve as they try to arrange a hospital sale.
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August 22, 2024
Texas Tells High Court It's Not Idaho '2.0' In HHS Abortion Row
Texas and a pair of anti-abortion doctor organizations have urged the U.S. Supreme Court to reject the federal government's appeal of a Fifth Circuit decision blocking the Biden administration's guidance that hospitals must provide emergency stabilizing medical care, including abortions.
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August 22, 2024
Texas Court Backs Nate Paul's Co. In Real Estate Receiver Row
A Texas state appeals court on Thursday reversed a decision allowing a receiver to settle a lawsuit on behalf of a company owned by real estate investor Nate Paul, relying largely on a dispute from an El Paso appeals court involving Paul's companies with "nearly identical" facts.
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August 22, 2024
Investors Sue Orthopedics Co., Ousted Execs Over Stock Drop
Investors of Texas-based Orthofix Medical Inc. have launched a proposed class action against the spine and orthopedics company and current and former executives, claiming the company's stock tumbled more than 30% following Orthofix's merger with medical technology company SeaSpine in 2023 and the unexpected termination and reshuffle of some of the company's C-suite.
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August 22, 2024
Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas
A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.
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August 22, 2024
Memorabilia Biz Sues Atlanta Braves For Maligning Reputation
Auctioneer Heritage Vintage Sports has accused the Atlanta Braves in a defamation lawsuit of purposely maligning its image by leaking to the press that it did not have the right to sell certain items, including memorabilia connected to Hank Aaron.
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August 22, 2024
DLA Piper Wants Texas High Court To Review Doc Order
DLA Piper has asked the Texas Supreme Court to review a trial court order that would force it to hand over communications with a medical group it represented in a sale, writing that an ex-client is trying to carve out an exception to attorney-client privilege because she had hired multiple law firms.
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August 22, 2024
Jones Walker Adds Kelley Drye Bankruptcy Ace In Houston
Jones Walker LLP announced Thursday that it has bulked up its bankruptcy and restructuring team and its litigation practice group with a partner in Houston who came aboard from Kelley Drye & Warren LLP.
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August 21, 2024
Ex-Vitol Oil Trader Pleads Out To Texas FCPA Case In NY
A former Vitol oil trader on Wednesday admitted in New York federal court to charges brought in Texas accusing him of bribing Mexican officials to obtain business for the energy and commodities company, months after he was convicted in New York over similar conduct with Ecuadorian officials.
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August 21, 2024
FTC Fails 1st Test Of Rulemaking Push In Noncompetes Loss
The Federal Trade Commission suffered its first definitive loss Tuesday in the push to ban employment noncompete agreements, although the decision probably isn't the final word given a likely appeal and two other pending challenges also viewed as a test of the agency's efforts to expand its rulemaking footprint.
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August 21, 2024
Texas Law Firm Cleared Of Overcharging Criminal Client
A Texas appellate court cleared Austin law firm Minton Bassett Flores & Carsey PC of breaching its fiduciary duties and delaying a trial date to rake in more legal fees from a criminal defendant, upholding the trial court's decision to dismiss the case in a Wednesday opinion.
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August 21, 2024
Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid
A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.
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August 21, 2024
Fed. Circ. Says Apple Can't Ship Haptic Tech IP Case To Calif.
Apple on Wednesday lost its appeal to move a lawsuit accusing it of infringing another company's haptic feedback device patents from the Western District of Texas to California, with the Federal Circuit holding that U.S. District Judge Alan Albright's denial of the transfer showed no clear abuse of discretion.
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August 21, 2024
Chamberlain Hrdlicka Can't Nix $700K Award To Consultant
A Lone Star State appellate court has sided with a cost-cutting consulting firm in preserving a $700,000 judgment it was awarded following a 2022 jury trial against Chamberlain Hrdlicka White Williams & Aughtry, rejecting the law firm's argument that its liability was limited to a far lower amount under their contract.
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August 21, 2024
Oath Keepers Atty Pleads Guilty In Jan. 6 Case
A former attorney for the far-right Oath Keepers group pled guilty Wednesday to charges connected to the Jan. 6, 2021, attack on the U.S. Capitol, copping to entering restricted Capitol grounds and advising Oath Keepers affiliates to delete incriminating digital evidence following the riot.
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August 21, 2024
Paxton Issues Warrants To Texas Counties In Election Inquiry
Texas Attorney General Ken Paxton said Wednesday that his office had executed multiple search warrants in Frio, Atascosa, and Bexar counties as part of an ongoing investigation into election integrity.
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August 21, 2024
3 Firms Guide $950M Delaware Basin Gas Treatment Deal
Houston-based energy providerEnterprise Partners LP has agreed to purchase Pinon Midstream, a natural gas treatment company focused on the Delaware Basin, for $950 million in cash, the companies said Wednesday.
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August 21, 2024
La. Plaintiffs Ask 5th Circ. To Revive BP Spill Malpractice Deal
Louisiana residents who sued their attorneys, alleging they botched damage claims tied to the 2010 BP Deepwater Horizon oil spill, have asked the Fifth Circuit to reconsider a panel's ruling that overturned enforcement of a global settlement.
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August 20, 2024
OnePlus Gets Do-Over For 'Excessive' $10M Pantech Verdict
Chinese phone company OnePlus can have a new trial on damages after it was hit with a $10 million infringement verdict in Pantech Corp.'s patent dispute over technology used to comply with 5G wireless standards, a Texas federal judge ruled, saying, "There is no question this verdict is excessive."
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August 20, 2024
Realtek Suit Is Just 'Litigation Over Litigation,' IP Biz Says
Litigation business Future Link says the latest version of an antitrust lawsuit in California federal court from Taiwanese chipmaker Realtek over claims of a conspiracy with a different Taiwanese chipmaker to fund purported "patent troll" lawsuits is just more "litigation over litigation."
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August 20, 2024
Houston Medical Group Sued Over Unpaid $20M Bank Loan
A doctor, a Texas-based healthcare system and its subsidiaries were sued this week by Gulf Capital Bank over a $19 million loan they have allegedly failed to repay that has since grown to more than $20 million.
Expert Analysis
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Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift
A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What's Extraordinary About Challenges To SEC Climate Rule
A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.