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November 05, 2024
Trustee Seeks Jackson Walker Docs In Judge Romance Probe
Arguing that the issue "presents a matter of national importance" with implications for the integrity of the judicial system, a U.S. bankruptcy trustee has urged a Texas federal court to force Jackson Walker LLP to turn over documents related to a former firm attorney's secret romance with a onetime judge.
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November 05, 2024
Insurer Can't Avoid Paying $122K LSU Frat Hazing Award
The Fifth Circuit refused to let an Allstate unit off the hook for coverage of a $122,000 judgment entered in favor of the parents of a former Louisiana State University student who died during a fraternity hazing incident.
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November 05, 2024
FERC Skimped On Pipeline Review, Environmental Groups Say
The Federal Energy Regulatory Commission wrongly limited its review of a methane gas pipeline that crosses the U.S.-Mexico border to a 1,000-foot border facility, ignoring the 157-mile U.S.-based pipeline segment that cuts across Western Texas, environmental groups told the D.C. Circuit.
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November 05, 2024
Texas Deploys Legal Team Ahead Of Possible Election Fights
The Texas Office of the Attorney General deployed what it called an "Election Day Rapid Response Legal Team" in several major counties to monitor election activity, preparing for potential legal battles arising the day of the election or in its immediate aftermath.
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November 05, 2024
5th Circ. Says Late EEOC Filing Dooms Race Bias Suit
The Fifth Circuit shut down a race bias suit from a worker who said his supervisor referred to him by a racial slur, finding that the ex-worker filed his pre-suit U.S. Equal Employment Opportunity Commission charge too late.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Kroger, State AGs Finalize Sprawling $1.37B Opioid Deal
Kroger will pay $1.37 billion to dozens of states and thousands of counties, municipalities and Native American tribes to resolve allegations the grocery store chain contributed to the opioid crisis, with Ohio, California and Texas seeing the largest distributions, according to a finalized settlement unveiled Monday.
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November 04, 2024
New Panel Not Needed In NLRB Row, Exxon Tells 5th Circ.
A Fifth Circuit panel questioned ExxonMobil's assertion that it could keep the same National Labor Relations Board panel makeup besides a board member flagged for conflict of interest, telling Exxon there was "good reason" for a completely new panel during oral arguments Monday.
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November 04, 2024
'Don't Cut Corners, Counsel,' Judge In $110M Trial Warns
A California federal judge delayed rebuttal arguments in Pacific Steel Group's $110 million antitrust trial against rebar giant Commercial Metals Co. Monday after PSG complained that CMC's closings misled jurors about the standard for harm, saying the issue threw "a complete wrench" into the trial and warning CMC, "Don't cut corners, counsel."
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
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November 04, 2024
Hurricane Zeta MDL Judge Orders Mediation Amid DQ Battle
A Houston judge overseeing a multidistrict litigation created to handle claims from crew members who say they were injured while weathering Hurricane Zeta on a Transocean drilling rig ordered the parties to mediation Friday in the midst of a bitter disqualification battle between their feuding firms.
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November 04, 2024
Exxon Keeps Win In Sand Blaster's Lung Disease Suit
A Texas state appeals court won't overturn a summary judgment freeing Exxon Mobil Corp. from a premises liability suit from a sandblaster alleging that he developed fibrosis in his lungs while working at an Exxon facility, saying the trial court rightly excluded his experts as unreliable.
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November 04, 2024
Ericsson Settles Cell Site Patent Case On Eve Of Texas Trial
Ericsson reached a settlement over cellular infrastructure patents on Friday, allowing Verizon, AT&T and T-Mobile to avoid a looming trial in Texas federal court over their use of the technology.
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November 04, 2024
Philly DA Can't Stop Elon Musk's $1M Giveaway To Voters
A Pennsylvania judge on Monday denied Philadelphia District Attorney Larry Krasner's bid to halt Elon Musk's $1 million giveaway to registered voters leading up to the 2024 presidential election, issuing a one-page order ending the prosecutor's claims that the tech mogul was operating an illegal lottery.
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November 04, 2024
Texas Border Buoy Trial Delayed After En Banc Ruling
An Austin federal judge paused an impending bench trial between the Biden administration and the state of Texas over a 1,000-foot buoy barrier in the Rio Grande, reopening discovery Monday in the wake of an en banc circuit court opinion that slammed the judge for ordering the removal of the buoys.
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November 04, 2024
McKesson Inks $450K DOL Deal Following Hiring Bias Probe
The U.S. Department of Labor announced Monday that McKesson Medical-Surgical Inc. has agreed to pay nearly $450,000 to resolve the agency's claims that it gave hiring preferences to Asian job applicants over Black, Hispanic and white job hopefuls.
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November 04, 2024
Religious Groups Want 5th Circ. To Toss FCC Diversity Form
Religious broadcasters are asking the Fifth Circuit to step in and stop the Federal Communications Commission from making them turn in diversity data, a recently reinstated policy that they say tramples on their First Amendment rights and pressures them to "engage in race- and sex-conscious employment decisions."
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November 04, 2024
Vinson & Elkins Adds Simpson Thacher Atty As M&A Co-Head
Vinson & Elkins LLP has brought on a veteran mergers and acquisitions lawyer as a New York-based co-head of strategic M&A, the firm said Monday.
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November 04, 2024
Mortgage Co. Accused Of 'Bad Faith' In Settlement With Atty
A former staff attorney with a mortgage company has accused the business of "bad faith" for purportedly trying to renegotiate the terms of a settlement to resolve her Texas state lawsuit alleging she was fired after she witnessed inappropriate sexual behavior by a deputy general counsel.
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November 04, 2024
Ogletree Adds Steptoe & Johnson Employment Pro In Texas
Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC is expanding its Texas team, announcing Monday it is bringing in a Steptoe & Johnson PLLC litigator as a shareholder in its San Antonio office.
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November 04, 2024
Haynes Boone Hires 3 More RE Attys From Holland & Knight
Haynes and Boone LLP has hired a trio of attorneys from Holland & Knight LLP in Dallas and Northern Virginia, saying Monday that their additions will complement the firm's real estate and finance offerings.
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November 04, 2024
Texas Rips Feds' 5th Circ. Bid To Revive Highway GHG Rule
Texas is telling the Fifth Circuit there's no reason to disturb a district court's decision to vacate a Federal Highway Administration rule that called on states to set targets to reduce greenhouse gas emissions from federally funded highway projects.
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November 04, 2024
TGI Fridays Restaurant Chain Hits Ch. 11, Blaming Pandemic
Casual dining chain TGI Fridays Inc. filed for Chapter 11 protection in Texas with nearly $151 million in debt, blaming the COVID-19 pandemic and its capital structure and planning a sale within two months.
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November 03, 2024
Philly DA Gets Remand Of Suit Over Musk's $1M 'Lottery'
Philadelphia District Attorney Larry Krasner's suit over Elon Musk's $1 million giveaway to voters in swing states has been sent back to where it started, with a Pennsylvania federal judge ruling Friday that the case belongs in state court.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
Expert Analysis
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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Open Questions In Unsettled Geofence Warrant Landscape
The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.
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How Patent Litigation Is Changing Amid Decline In Filings
Marked by a notable decline in case filings and preferred venue shifts, patent litigation has undergone significant changes over the last decade and litigation hot spots have shifted, encouraging a more strategic approach to patent disputes, says Saishruti Mutneja at Winston & Strawn.
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A Look At 5 States' New Data Privacy Laws
With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Takeaways From Texas AG's Novel AI Health Settlement
The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.