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Texas
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June 27, 2024
Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit
A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.
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June 27, 2024
5th Circ. Backs Former Steel Co. Worker's Win In OT Suit
A former employee of a Texas-based steel fabrication and erection company supported his claims that his former employer owes him overtime, a Fifth Circuit panel ruled, affirming a lower court's decision awarding the worker more than $80,000.
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June 27, 2024
Spencer Fane Lobbying Pro Joins Holland & Knight In Austin
Holland & Knight LLP has brought on a veteran lobbyist and lawyer in Austin, who previously led the government affairs group at Spencer Fane LLP, to helm the firm's new Texas government advocacy team.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
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June 26, 2024
Construction Co. Targets Insurer Over $12.3M Arbitral Award
A unit of Spanish infrastructure giant Ferrovial SA is urging a federal court to order Hudson Specialty Insurance Co. to pay a $12.3 million arbitral award that relates to a $1.35 billion project to construct sections of a central Texas highway that boast the nation's highest speed limit.
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June 26, 2024
5th Circ. Says SEC Must Reconsider Axing Proxy Regulations
The Fifth Circuit on Wednesday vacated the U.S. Securities and Exchange Commission's decision to rescind a portion of Trump-era rules requiring proxy advisory firms to notify companies about their advice to investors, ruling that the agency didn't adequately explain the abrupt change.
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June 26, 2024
Justices Leave Blurry Line In Place On Misinformation Fight
The U.S. Supreme Court's decision Wednesday to reverse a Fifth Circuit order prohibiting the Biden administration from joining with social media platforms to fight misinformation leaves an important First Amendment question unanswered and left Missouri's attorney general promising a continuing fight against what he called a "censorship regime."
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June 26, 2024
Justices Chide 5th Circ. In Biden Social Media Case
The Fifth Circuit relied on "clearly erroneous" facts and an overgeneralized view of standing when it ordered the Biden administration to stop working with social media platforms to combat COVID-19 and election misinformation, the U.S. Supreme Court ruled Wednesday as it threw out a challenge to the government's actions.
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June 26, 2024
Window Seal Maker Can't Nix Condo's Faulty Glass Panel Suit
A Washington federal judge on Tuesday refused to free a window component maker from a lawsuit claiming it helped conceal defects in a Seattle condominium's windows, saying the court had personal jurisdiction because the alleged wrongdoing was characterized as a deliberate act that affected a large number of actual Washington consumers.
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June 26, 2024
Crypto App Pledges More Refunds In Multistate Settlement
Cryptocurrency platform Abra has agreed to return millions of dollars in digital assets to U.S. customers after getting busted for running a mobile application for crypto transactions without the required money transmitting licenses, a coalition of state financial regulators announced on Wednesday, with Washington state taking the lead.
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June 26, 2024
Talc Co. Barretts' Creditors Push To Dismiss Ch. 11 Case
Unsecured creditors of Barretts Minerals have urged a Texas bankruptcy judge to dismiss its bankruptcy following the debtor's sale of its talc business, arguing that Barretts remains in bankruptcy only to get its fully solvent parent company out of its talc liability.
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June 26, 2024
State Farm Loses Bid To Skip Atty Fees On Expert Technicality
A Texas appeals court found that State Farm may still have to pony up attorney fees in a case involving an underinsured motorist claim, saying Wednesday that the trial court got it wrong when it granted the insurance company's motion to strike the motorist's expert designation in a bifurcated trial on the fee issue.
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June 26, 2024
FCC Threatens To Yank Texas AM Station License Over Fees
A Spanish-language Christian radio station is about to have its license snatched away by the Federal Communications Commission if it doesn't do something about its delinquent regulatory fees, according to new proceedings initiated by the agency.
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June 26, 2024
Travelers Nabs Partial Win In Asbestos Coverage Dispute
A Travelers unit only has a duty to indemnify but not defend a drywall and paint company that faces several underlying asbestos injury lawsuits, a Texas federal court ruled, rejecting the company's reading of "not covered" in its umbrella policy providing excess coverage.
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June 26, 2024
SpaceX Beach Closure Challenge Is 'Illogical,' Texas Says
Texas is asking its high court to review a decision that forces several government entities to face an environmental group's challenge to the closure of a beach for SpaceX activities, writing that the appellate court's adoption of the group's theory of open beach access "clashes" with state law and court precedent.
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June 26, 2024
Texas Moves To Bar DOJ Witness In Rio Grande Barrier Fight
Texas has moved to disqualify one of the Biden administration's witnesses in litigation over the Lone Star state's 1,000-foot barrier in the Rio Grande to keep out migrants, arguing the witness has no relevant or reliable opinions to offer.
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June 26, 2024
Tesla Says Musk's Pay OK In Texas Affects Del. Class Fee Bid
Tesla Inc. has doubled down on arguments that stockholder ratification of Elon Musk's mammoth compensation plan in Texas should sideline a Delaware Court of Chancery hearing on a potential multibillion-dollar class attorney fee tied to the court's earlier voiding of the same pay package.
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June 26, 2024
IUOE Local Tells Court To Rethink Toss Of Texas Rehire Award
An International Union of Operating Engineers local asked a Texas federal judge to reconsider his decision nixing an arbitration award that ordered a chemical manufacturer to rehire a worker who claimed a union steward shared confidential information, arguing that the court relied on an inapplicable Fifth Circuit precedent.
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June 26, 2024
Texas Uses Justices' Gun Ruling To Defend Deportation Law
Texas has told the Fifth Circuit that a recent U.S. Supreme Court decision maintaining a ban on firearm ownership for domestic abusers supports its state law authorizing the arrest and deportation of migrants.
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June 26, 2024
Six Flags, Cedar To Close $8B Merger Following DOJ OK
Six Flags Entertainment Corp. and Ohio-based amusement park peer Cedar Fair LP have cleared regulatory scrutiny from the U.S. Department of Justice, paving the way for a July 1 closing of the two companies' previously announced blockbuster $8 billion merger.
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June 26, 2024
Judge Won't Free Texas Officials From Lengthy Detention Suit
A Texas federal judge refused to toss four migrants' claims that state officials detained them for longer than allowed, saying they have pled enough misconduct that, if true, would show the officers were aware they were holding detainees for weeks past their release date.
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June 26, 2024
Texas Planning To Use New Bar Exam In 2028, Justices Say
The Texas Supreme Court on Tuesday announced that it expects to adopt a new bar examination beginning in July 2028 after considering public comments.
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June 26, 2024
Feds' 5th Circ. Win On Preventive Care May Imperil ACA
The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.
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June 26, 2024
AT&T Strikes Deal To Exit Former Exec's Age Bias Suit
AT&T reached a deal Wednesday to resolve a former assistant vice president's suit alleging he was fired because he's a 58-year-old white man, a filing in Georgia federal court said.
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June 26, 2024
A Picture Of Office Sector Distress
This five-part series from Law360 Real Estate Authority explores distressed office buildings in Chicago, San Francisco, Miami, Dallas and New York City in an illustration of how the stressors facing the asset class are playing out across the country.
Expert Analysis
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What To Know As CFPB Late Fee Rule Hangs In Limbo
Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline
The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.