Texas

March 11, 2025
Rising Caseloads Call For 71 New Judges: Judicial Conference

The Judicial Conference of the United States on Tuesday asked Congress to create dozens of new judgeships in districts across the country in an effort to address what it calls a "worsening shortage" of judges amid mounting caseloads, months after then-President Joe Biden vetoed a bill to add 63 new permanent judgeships over partisan concerns.
March 11, 2025
Zachry Opposes Nebraska Utility's $38M Administrative Claim

Bankrupt natural gas contractor Zachry Holdings has objected to a Nebraska public electric utility's administrative claim seeking $38 million in damages for delays in the construction of new generating stations, saying it is too early to seek the claim, and the requested fees exceed the purported damages.
March 11, 2025
Entity That Got Ponzi Scheme Funds Must Face SEC Suit

A Texas federal judge has declined to free an entity that accepted part of proceeds from an $8.4 million Ponzi scheme from an SEC action, writing that he could "reasonably infer" the entity did not accept the funds in good faith.
March 11, 2025
Logistics Co. Tells Texas Justices Attys Undercut Rail Deal

An energy logistics company has told the Texas Supreme Court that lawyers who allegedly helped undermine a business deal shouldn't get to skate out of a legal malpractice lawsuit, arguing in a Monday petition the case belongs before a jury.
March 11, 2025
Lyft Driver Says Up To $1M In UIM Benefits Owed Over Crash

A Lyft Inc. driver who said he was severely injured in a head-on collision while completing a ride is accusing the ride-hailing giant and its insurer of failing to provide him up to $1 million in underinsured motorist coverage, even though he said Lyft promised such coverage to its drivers.
March 11, 2025
Ex-Officers Dodge Flight Attendant Union's Fiduciary Claims

Former officers of the union representing American Airlines flight attendants escaped the union's allegations that they breached their fiduciary duties after an arbitrator found they misappropriated union funds, a Texas federal judge has ruled, with the district court finding the allegations weren't filed in a timely manner.
March 11, 2025
ISP Asks Justices To Reverse Liability In Piracy Suit

It's time for the U.S. Supreme Court to step in and decide whether internet service providers can be liable for copyright infringement if they haven't done enough to stop their customers from pirating music, says an ISP that has been locked in one such legal battle for the better part of a decade.
March 11, 2025
Insurer Says AIG Unit Must Cover Water Contamination Suit

An AIG unit can't rely on its policy's pollution exclusion to bar coverage for a Texas water utility accused of providing contaminated water to residents, the utility's other insurer told a federal court, saying the court has already rejected the application of the exclusion in a related case.
March 11, 2025
Google Trade Secrets Case Against Ex-Engineer Resolved

A Texas federal judge closed Google LLC's trade secrets lawsuit against a former employee on Monday after the parties agreed last December to an injunction forbidding him from possessing or sharing any of the company's confidential information.
March 11, 2025
12 Govs. Assert States' Sovereignty Against CTA In 5th Circ.

A dozen Republican governors, led by Georgia Gov. Brian Kemp, urged the Fifth Circuit to maintain a nationwide block of enforcement of the Corporate Transparency Act, arguing the law undermines the traditional authority states have to regulate businesses.
March 11, 2025
Fannie Mae Says Complex Filed Ch. 11 To Duck $73M Loan

Fannie Mae told a federal court Monday that a Houston apartment complex's Chapter 11 filing was a "tactic" to avoid its obligation to repay a $73 million loan.
March 11, 2025
Mitel Networks Gets OK For $60M Ch. 11 Financing

A Texas bankruptcy judge Tuesday gave communications software company Mitel Networks preliminary permission to draw on $60 million in Chapter 11 financing as it heads for an April hearing on its prepackaged restructuring plan.
March 11, 2025
5th Circ. Upholds Exxon's Win In Pension Payout Dispute

A former Exxon employee's claim that the company failed to pay his entire pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.
March 11, 2025
Dykema Doubles Houston Roster With 7 New Atty Hires

Dykema Gossett PLLC has expanded in Houston with the addition of seven attorneys, five of whom joined from Kane Russell Coleman Logan PC and two who came aboard from Hirsch & Westheimer PC.
March 11, 2025
Mining Equipment Co., Worker Strike Deal To End Bias Suit

A mining equipment company agreed to settle a Hispanic employee's suit claiming it unlawfully revoked his mentorship responsibilities and meddled with his accommodations after an on-the-job finger injury, according to a filing in Texas federal court.
March 10, 2025
Dynata Would 'Hopefully' Have Paid Bill, Staffing Co. Says

The CEO of a staffing company told an attorney for Dynata LLC that it has nobody to blame but itself for a class action accusing Dynata of misclassifying workers' employment status, adding during a trial in Texas state court that the company can't claim breach of contract to justify withholding $8 million to the staffing company.
March 10, 2025
CFPB Hasn't Justified Pausing Comerica Suit, Judge Rules

A Texas federal judge on Monday refused to pause the Consumer Financial Protection Bureau's case accusing Comerica of mismanaging a government benefit card program, ruling that the CFPB hasn't explained why staying the case "would be in the interest of justice."
March 10, 2025
Nike Receives $355K From Lululemon In Shoe Patent Trial

A New York federal jury has found that athletic apparel maker Lululemon infringed one Nike footwear manufacturing patent but did not infringe a second, and awarded Nike $355,450 in damages, well below the $2.8 million the shoe giant was seeking.
March 10, 2025
FTC Wants Pause On Noncompete Appeals, Pending Decision

The Federal Trade Commission is asking two circuit courts to pause their reviews of its ban on noncompete clauses, saying it needs time to reconsider whether it actually wants to defend the rule.
March 10, 2025
Paxton Says Ex-Aides Want Excessive Whistleblower Atty Fees

The Texas attorney general's office and four of Ken Paxton's former deputies took jabs at each other over whether a court should hear more evidence in their long-running whistleblower suit, with the office alleging the aides have sought attorney fees outside the scope of the case while the ex-employees say the office "misses the point."
March 10, 2025
Anadarko Says Partner Waived Arbitration With Oil Well Suit

Anadarko Petroleum Corp. has urged a Texas court to reject its partner's bid to arbitrate a dispute over an oil well on the outer continental shelf, alleging a since-abandoned lawsuit by the partner company forecloses any arbitration rights it may have had.
March 10, 2025
Split 5th Circ. Vacates Death Sentence Over Brady Violations

A split Fifth Circuit has reversed and vacated a Texas woman's murder conviction and death sentence after 27 years, having determined that prosecutors failed to properly disclose evidence in accordance with U.S. Supreme Court precedent, and remanded the case to Amarillo, Texas, federal court.
March 10, 2025
Treasury's CTA Halt Doesn't Justify Block, Feds Tell 5th Circ.

The U.S. Treasury Department halting enforcement of the Corporate Transparency Act on domestic entities doesn't add justification to a nationwide block on the law because it's a valid exercise of Congress' powers to regulate commerce, taxes, foreign affairs and national security, the U.S. government told the Fifth Circuit.
March 10, 2025
Texas Atty Wants Allstate Sanctioned Over 'Dead' Expert Claim

A prominent Houston lawyer has denied filing a document purportedly signed by a long-dead expert witness and urged a Texas federal judge to sanction Allstate for accusing him of doing so, saying the signature actually belonged to the deceased expert's similarly named son.
March 10, 2025
Tax Pro Rejoins Norton Rose From Reed Smith In Houston

Norton Rose Fulbright announced Monday that it has bulked up in the face of increased demand in the corporate transactions space with the return of a tax partner in Houston who came aboard from Reed Smith LLP.

Expert Analysis

5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
How FTC Sent A $5.6M Warning Against Jumping The Gun

The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
Predicting Where State AGs Will Direct Their Attention In 2025

In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
The Fed. Circ. In 2024: 5 Major Rulings To Know

In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
Lessons From Two New Year's Eve Uptier Exchange Decisions

On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
Public Corruption Enforcement In 2024 Has Clues For 2025

If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
Small Biz Caught In Corporate Transparency Act Crossfire

Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
Opinion

Laken Riley Act Will Not Advance Immigration Reform

By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
Series

Texas Banking Brief: All The Notable Legal Updates In Q4

The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.