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Texas
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February 26, 2025
WDTX Chief Judge Won't Steer Hyundai IP Suit To Albright
The Western District of Texas' top judge has batted down an Oregon tech company's effort to move its patent lawsuit against Hyundai to the court of U.S. District Judge Alan Albright, ruling that the presence of at least three related lawsuits in front of the judge "does not provide this court with sufficient justification for intra-district transfer."
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February 26, 2025
5th Circ. Mulls Whether PPP Ineligibility Precludes Forgiveness
A Fifth Circuit panel seemed wary Wednesday of buying a truck dealer's argument that the U.S. Small Business Administration should forgive its PPP loan, pondering whether doing so could have far-reaching consequences for litigation surrounding CARES Act loans.
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February 26, 2025
Planned Parenthood Immune From FCA Suit, 5th Circ. Says
Planned Parenthood is entitled to attorney immunity, the Fifth Circuit said Wednesday in a case that had accused the organization of improperly billing Medicaid programs for millions after losing its Medicaid credentials.
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February 26, 2025
Police Supply Store, Others Ask 5th Circ. To Keep CTA Paused
A Texas police supply store joined with Mississippi libertarians and several other parties asking the Fifth Circuit to keep the Corporate Transparency Act on hold, saying ending the stoppage of that law could force 32 million business entities to file beneficial ownership reports.
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February 26, 2025
No DQ For Norton Rose In Texas Competition Row, Court Says
Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.
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February 26, 2025
Bowlero Strikes California Bowling With Contract Breach Suit
Bowling giant Bowlero, which owns and operates the Professional Bowlers Association, has filed a breach of contract suit against California Bowling LLC in New York federal court, alleging that the Texas-based bowling company tried to terminate an agreement more than a year before it expired and that it owes Bowlero nearly $300,000.
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February 26, 2025
Albright Won't Rethink Tossing VolP-Pal's Patent Fights
U.S. District Judge Alan Albright declined to reconsider the court's decision to throw out VoIP-Pal's patent lawsuits against Verizon and T-Mobile, saying Wednesday that the plaintiff has failed to offer any new evidence.
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February 26, 2025
Driver Accuses Geico Of Lying About Accident Forgiveness
Geico unlawfully disguises rate increases as surcharges, a driver alleged in a suit filed in Texas federal court, saying his premium nearly doubled after an accident despite being enrolled in an accident forgiveness program.
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February 26, 2025
Party City Approved To Sell IP, Assets For $20.6M In Ch. 11
A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.
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February 26, 2025
Texas Chief Justice Blasts ABA, Urges 'Politically Neutral' Bar
Texas Supreme Court Justice Jimmy Blacklock urged state lawmakers Wednesday to approve judicial pay hikes while denouncing the American Bar Association's criticism of federal policies and calling for the state bar to remain "politically neutral."
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February 26, 2025
Texas Atty Accused Of Stealing Homeowner's Insurance Win
A Houston attorney recently threatened with criminal charges over the filing of a document signed by a dead expert witness has been accused in a new suit of representing a homeowner without his consent and stealing his appraisal award.
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February 26, 2025
Texas Judge Tosses Law Firm's Claims Of Unfair Competition
A Houston federal court has trimmed a trade secrets suit a Washington state-based immigration firm is pursuing against a Texas rival, finding two of seven claims are preempted by the Texas Uniform Trade Secrets Act.
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February 26, 2025
Paralegal Wants Firm's Counterclaim In OT Suit Axed
An El Paso, Texas, law firm's accusation that a paralegal's suit for unpaid overtime is an "attempt to extort money" should not stand, the worker told a Texas federal court, arguing the counterclaim she is facing has nothing to do with her allegations.
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
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February 25, 2025
Jay-Z's Claims Against Buzbee May Get Trimmed, Judge Says
A California state judge said Tuesday that he's inclined to toss Shawn "Jay-Z" Carter's extortion claims against personal injury lawyer Tony Buzbee and some, but not all, of the rapper's defamation allegations stemming from a now-abandoned rape lawsuit.
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February 25, 2025
Houston Atty's Alleged Sex Tape Going To FBI Before Defense
A woman suing a Houston attorney in Texas state court has permission to turn over to the FBI a video that she claims may show the lawyer committing child sexual abuse, before she provides the video to the defense team.
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February 25, 2025
Alex Jones Asks To Maintain Stay On Sandy Hook Payment
Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.
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February 25, 2025
Lab Owner Pleads Guilty In $36M COVID Tests Scheme
A laboratory owner pled guilty Tuesday to running a $36 million scheme to submit false COVID-19 testing claims to healthcare benefit programs just one week before his co-defendants are set to go to trial.
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February 25, 2025
5th Circ. Declines Real Estate Co.'s Injunction Bid In TM Feud
A panel of Fifth Circuit judges has sided with a lower court's decision that Rampart Resources Inc. should not get a preliminary injunction against rival real estate company Rampart/Wurth Holding Inc.
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February 25, 2025
River Agency Says Harvey Flood Dispute Was Already Decided
A Texas river management agency urged a state appeals court Tuesday to shut down claims brought by dozens of residents whose properties were flooded by Hurricane Harvey, pointing to a separate appellate court decision that ended similar claims by many of the same people.
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February 25, 2025
5th Circ. Asks NLRB To Back Up Coercion Claim Against Apple
A Fifth Circuit panel asked the National Labor Relations Board to spell out how Apple Inc. was coercive to a worker during a unionization push in New York, pondering Tuesday whether affirming the board's finding would tamp down on the company's freedom of expression.
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February 25, 2025
5th Circ. Eyes Congress' Quorum As Texas Fights PWFA
The Fifth Circuit grappled Tuesday with whether the U.S. Equal Employment Opportunity Commission was rightly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, with several judges struggling to pinpoint whether the U.S. Constitution requires lawmakers' physical presence to have a quorum.
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February 25, 2025
FCC Probes IHeart Practices Amid Broadcast Payola Inquiry
The Federal Communications Commission's chief, who says he wants to crack down on payola practices, has launched a probe into whether iHeart is forcing musicians to accept cut-rate pay to entertain crowds at the company's upcoming Austin, Texas, event in return for more favorable airtime.
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February 25, 2025
5th Circ. Backs FedEx's Win In Worker's Age Bias Suit
The Fifth Circuit refused to reopen a former FedEx manager's lawsuit alleging he was terminated because he was in his 50s, finding he couldn't overcome the delivery company's assertion that he was fired for failing to take action when a co-worker brought a BB gun to work.
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February 25, 2025
Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
Expert Analysis
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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.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.