LexisNexis® Legal Newsroom
Contractor Wants Iraqi Law To Decide Pennsylvania Lawsuit

PITTSBURGH - (AP) Attorneys for Houston-based military contractor KBR Inc. have asked a federal judge in Pittsburgh to apply Iraqi law to a lawsuit filed by the mother of a Pittsburgh-area soldier who was electrocuted while showering at a U.S. military base in Iraq. U.S. District Judge Nora Berry Fischer...

EEOC Sues Over India Immigrant Workers' Treatment

PASCAGOULA, Miss. - (AP) A federal agency claims in a lawsuit filed this week that hundreds of people recruited in India to work for an oil rig construction company in Mississippi and Texas in the aftermath of Hurricane Katrina were forced into oppressive living arrangements and subjected to harsh language...

16 AGs Weight In On NLRB's Lawsuit Against Boeing

COLUMBIA, S.C. - (AP) Attorneys general in 16 states weighed in Thursday on a federal lawsuit filed by the National Labor Relations Board, alleging that its complaint against Boeing Co. for building a South Carolina assembly plant hurts states' abilities to keep manufacturing jobs. The 16 attorneys...

Group Sues To Stop Texas Governor's Prayer Day

AUSTIN, Texas - (AP) A group of atheists and agnostics filed a federal lawsuit on Wednesday seeking to stop an evangelical Christian prayer event next month that was proposed and is endorsed by Texas' governor. The Freedom from Religion Foundation argues in its lawsuit filed in Houston that Republican...

Judge Tosses Attempt To Stop Texas Prayer Rally

HOUSTON - (AP) A federal judge dismissed a lawsuit that sought to stop Gov. Rick Perry from sponsoring a national day of Christian prayer and fasting, ruling Thursday that the group of atheists and agnostics did not have legal standing to sue. U.S. District Judge Gray H. Miller said the Freedom From...

Border Gun Shop Owners Sue Over New Requirement

PHOENIX - (AP) Gun store owners in states along the U.S.-Mexico border sued the acting director of the federal agency that oversees firearms to halt a new requirement that they alert authorities if someone buys multiple high-powered rifles in a five-day span. The requirement, which goes into effect....

Texas Risperdal Trial Ends When Janssen Settles For $158 Million, Company Says

AUSTIN, Texas -- Johnson & Johnson subsidiary Janssen LLP said Jan. 19 that it has agreed to pay $158 million to settle claims by Texas that it defrauded the Medicaid program through its off-label promotion of the atypical antipsychotic drug Risperdal ( State of Texas, ex rel. Allen Jones v. Janssen...

Texas Psychologist's Lawsuit Survives Motion To Dismiss

By William Perry Pendley DENVER - A Texas psychologist, who is also an attorney and is recognized nationally for her expertise and experience, on June 26 survived a motion to dismiss her lawsuit alleging that the State of Texas bars her unconstitutionally from accurately describing who she is and...

Fulbright Briefing: Texas Supreme Court Rejects Direct-To-Consumer Advertising Exception To The Learned Intermediary Doctrine

Introduction The learned intermediary doctrine remains alive and well in Texas. In an important decision for the pharmaceutical industry, the Texas Supreme Court rejected the latest attempt to create a direct-to-consumer advertising exception to the doctrine that has guided the industry's duty to...

Duane Morris LLP: U.S. Supreme Court Issues Significant Forum-Selection Decision

There has been confusion in the courts over the years regarding the appropriate mechanism to enforce forum-selection clauses, which are now routinely included in many commercial and personal contracts. Such clauses typically require any dispute between contracting parties to be resolved in the particular...

Texas Federal Judge Imposes Maximum $2 Million Fine On Felony Pollution Counts

CORPUS CHRISTI, Texas — (Mealey’s) A Texas federal judge on Feb. 5 imposed fines totaling more than $2 million on convictions stemming from oil/water separation tanks that had been operated without the required covers for nearly 10 years, polluting the air and causing the deaths of migratory...

Vandeventer Black LLP: U.S. Supreme Court Establishes Enforceability Of Forum-Selection Clauses

By James Rixey In a recent decision, the U.S. Supreme Court established that contractual forum-selection clauses deserve near absolute deference and should be enforced in all but the most exceptional cases when deciding transfer of venue under 28 U.S.C. § 1404(a) [ enhanced opinion available...

Texas Federal Court Is Latest To Strike Down State Prohibitions On Same-Sex Marriage

On Wednesday, Feb. 26, U.S. District Judge Orlando L. Garcia of the Western District of Texas struck down the Texas ban on same-sex marriage. This ruling was the latest in a series of federal rulings handed down in the wake of the U.S. Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675...

State Net Capitol Journal: U.S. High Court Refuses To Hear Gun Control Cases

The U.S. Supreme Court disappointed gun-rights advocates last month by refusing to hear three lower court rulings rejecting challenges to federal and state gun-control laws. Petitioners, which included the National Rifle Association, were seeking to overturn laws they contend are in conflict with the...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

Judge Denies Monitoring, Future Medical Expenses In Criminal Pollution Case

CORPUS CHRISTI, Texas — (Mealey’s) Compensation for future medical expenses, court-ordered medical monitoring and relocation from allegedly polluted properties is not justified by the evidence, the Texas federal judge sentencing CITGO Petroleum Corp. for criminal pollution violations said...

July Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During July, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested in submitting...

Bostic v. Georgia-Pacific: The Texas Supreme Court Extends And Refines Substantial Factor Causation In Asbestos Litigation

By Patrice Pujol and Laura A. Frase [Editor's Note: Patrice Pujol is an appellate and litigation attorney in the Houston Office of Forman Perry Watkins Krutz & Tardy, LLP. Laura A. Frase is a litigation partner in the Dallas Office of Forman Perry Watkins Krutz & Tardy, LLP. Both authors...

DLA Piper: Zachry v. Port of Houston Authority: Texas Supreme Court Rules for Contractor Despite No-Damages-for-Delay Clause

By Ileana M. Blanco , Cristopher Farrar and Cara Vasquez The Texas Supreme Court has issued a decision that could have a huge impact on the construction industry in Texas involving several high-profile issues the industry has passionately debated for years. In Zachry Construction Corporation v...

Defense Verdict Returned In 1st DePuy Pinnacle Hip Bellwether Case

DALLAS — (Mealey’s) Jurors in the U.S. District Court for the Northern District of Texas on Oct. 23 returned a defense verdict for DePuy Orthopaedics Inc. and parent company Johnson & Johnson in the first Pinnacle hip multidistrict litigation bellwether case ( In Re: DePuy Orthopaedics...

5th Circuit Upholds Punitive Damages Award Against Employer For Offensive Gorilla Suit Performance

In an unpublished case, Henry v. Corpcar Servs. Houston, Ltd., 2015 U.S. App. LEXIS 1208, 2015 WL 327650 (5th Cir. Tex. Jan. 27, 2015) , African-American employees of a limousine service company asked for time off for June 19, known as "Emancipation Day" or "Juneteenth," a holiday...

Texas Appeals Court Orders New Trial For Criminal Defendant Harmed By Secret Court Proceeding Over Alleged Prosecutorial Misconduct

A crowded parking garage and horns honking caused tempers to flare, leading to an altercation that was broken up by a security guard. But what happened next? James Ramirez rode away in a gold van, with Stefon Joe Brantley following behind in a black SUV. At a red light, Ramirez got out and walked toward...

Jury Verdict Round-Up: May Top 5 Personal Injury Suits

During May, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. Every month, we make a list of the top five cases that captured our attention. Our list normally includes substantial plaintiff’s verdicts as well as impressive...

Texas Jury Awards $6.5 Million, Including $ 5 Million In Punitives, To Construction Worker Who Suffered Partial Foot Amputation Following Worksite Injury

On May 29, 2012, Rolando Cumpian was working for Leal Welding & Erection, Inc. in San Antonio, TX. At that time, Leal was operating as the subcontractor for Joeris General Contractors, Ltd., which was acting as the general contractor for a construction project at Dr. Folks Middle School. While on...

BP Agrees To Pay $18.7 Billion To Resolve Claims Over Gulf Oil Spill

NEW ORLEANS — (Mealey’s) BP Exploration & Production Inc. will pay $18.7 billion over the course of 18 years to resolve Clean Water Act (CWA) and natural resource damages claims from the federal government and states of Alabama, Florida, Louisiana, Mississippi and Texas stemming from...