WASHINGTON, D.C. - The U.S. Supreme Court heard arguments on Oct. 9 from attorneys involved in a construction contract dispute filed in a Texas federal court regarding the proper venue for the case (Atlantic Marine Construction Co. v. USDC WD TX, et al., No. 12-929, U.S. Sup.).
NEW YORK - Publishers Simon & Schuster Inc. and Holtzbrinck Publishers LLC d/b/a Macmillan on Oct. 4 filed notices of appeal, joining Apple Inc., in appealing to the Second Circuit U.S. Court of Appeals a final order requiring Apple to modify its existing agreements with five publishers and submit to an external monitor following a ruling that Apple conspired with the publishers to fix prices of electronic books (United States of America v. Apple Inc., et al., No. 12 Civ. 2826, S.D. N.Y.; State of Texas, et al. v. Penguin Group $(USA$) Inc., et al., No. 12 Civ. 3394, S.D. N.Y.).
NEW ORLEANS - Federal claims by two lawyers formerly employed by the National Association for the Advancement of Colored People (NAACP) were properly dismissed by a Texas federal court, but the state claims must be remanded for further consideration because the laws of the wrong state were applied, the Fifth Circuit U.S. Court of Appeals ruled Oct. 8 (Tracie Jackson, et al. v. National Association for the Advancement of Colored People, d/b/a/ NAACP, et al., No. 12-20399, 5th Cir.; 2013 U.S. App. LEXIS 20493).
HOUSTON - A Texas federal judge on Oct. 4 denied a plaintiff's motion to amend judgment against it and to allow it to file a third amended complaint in a reimbursement dispute, saying that amendment would be futile (Electrostim Medical Services Inc. v. Health Care Services Corp., No11-2745, S.D. Texas; 2013 U.S. Dist. LEXIS 144266).
NEW ORLEANS - A Louisiana federal judge refused to dismiss a tankerman's claims that benzene exposure aboard ships caused acute myelogenous leukemia (AML), saying Oct. 4 that issues of material fact exist as to whether Valero Refining Texas LP's products were defective (Edward F. Authenment III v. Ingram Barge Company, et al., No. 10-2107, E.D. La.; 2013 U.S. Dist. LEXIS 144240).
HOUSTON - A trial court correctly found that a damages expert's valuation of an energy company was unreliable and should not have been heard by a jury considering a partnership dispute, but the court erred in granting the defendants judgment notwithstanding the verdict (JNOV) on the $1.98 million verdict because there was some evidence of damages, a First District Texas Court of Appeals panel held Oct. 3 (Javier A. Vega v. Fulcrum Energy, et al., No. 01-12-00134-CV, Texas App., 1st Dist.; 2013 Tex. App. LEXIS 12323).
HOUSTON - A unanimous First District Texas Court of Appeals panel affirmed summary judgment Oct. 3 for a natural gas extraction company accused of failing to respond to a natural gas royalty owner's request for information about the calculation of royalties (Lee Perry v. Devon Energy Corp., et al., No. 12-675, Texas App., 1st Dist.; 2013 Tex. App. LEXIS 12322).
HOUSTON - The 14th District Texas Court of Appeals on Oct. 1 affirmed dismissal of a personal injury action brought against a hospital by one of its employees, agreeing that the plaintiff failed to file a required expert report (Irene Tillman v. Memorial Hermann Hospital System, No. 14-12-01169-CV, Texas App., 14th Dist.; 2013 Tex. App. LEXIS 12253).
WASHINGTON, D.C. - A Texas federal judge erroneously construed several disputed claims of three patents directed to computer data security, the Federal Circuit U.S. Court of Appeals ruled Oct. 2 (TecSec Inc. v. International Business Machines et al., No. 12-1415, Fed. Cir.).
DALLAS - Texas Attorney General Greg Abbott on Oct. 1 announced that his office had reached a settlement with American Airlines Inc. regarding its proposed merger with US Airways Group Inc. and was dropping out of the lawsuit filed by the U.S. Department of Justice (DOJ), which opposes the merger on grounds that it violates federal antitrust law (United States of America v. US Airways Group Inc., et al., No. 13-01236, D. D.C.).
DALLAS - The parties in the DePuy Pinnacle hip implant multidistrict litigation have asked the court to stay all cases except ones to be selected for bellwether trials, according to a Sept. 30 order signed by U.S. Judge Ed Kinkeade of the Northern District of Texas (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket NO. 2244, No. 11-md-2244-K, N.D. Texas, Dallas Div.).
GALVESTON, Texas - An insured failed to timely submit a proof of loss for additional benefits over Hurricane Ike damage, a Texas federal magistrate judge ruled Sept. 27, granting the insurer's motion for summary judgment (Paula Fiedler v. Fidelity National Property and Casualty Insurance Co., No. G-11-025, S.D. Texas; 2013 U.S. Dist. LEXIS 139113).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 25 vacated a Texas federal judge's denial of a motion to sever in a "complicated" patent case (In re: Nintendo Co. Ltd. et al., Misc. Docket No. 151, Fed. Cir.).
HOUSTON - Gold buyers may proceed with their class wage and hour suit but may represent only other buyers in a single county in Texas, a Texas federal judge ruled Sept. 24, denying a motion to dismiss and granting in part a motion for conditional certification (Alicia Rodriguez, et al. v. Gold & Silver Buyers, Inc., et al., No. 12-1831, S.D. Texas; 2013 U.S. Dist. LEXIS 136332).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Sept. 23 affirmed the dismissal of a woman's wrongful foreclosure suit against JPMorgan Chase Bank N.A. (JPMC), finding that she failed to state a claim against the loan servicer and that a federal judge in Texas did not err in dismissing her lawsuit for want of prosecution after she failed to file an amended complaint within 20 days (Angie Hudson v. JPMorgan Chase Bank N.A., et al., No. 13-50407, 5th Cir.; 2013 U.S. App. LEXIS 19481).
MARSHALL, Texas - A federal jury in Texas on Sept. 19 awarded Retractable Technologies Inc.(RTI) $133,508,014 in damages against Becton, Dickinson & Co. (BD) for attempted monopolization of the market for safety syringes through deceptive practices (Retractable Technologies, Inc., et al. v. Becton Dickinson & Company, No. 2:08-cv-16, E.D. Texas).
BEAUMONT, Texas - The Ninth District Texas Court of Appeals on Sept. 19 affirmed summary judgment for the defendants in a premises liability action, concluding that the plaintiff failed to show that poorly lit stairs were the cause of her trip-and-fall accident (Andrea L. Vidrine v. The Center for the Performing Arts at the Woodlands, et al., No. 09-12-00378-CV, Texas App., 9th Dist.; 2013 Tex. App. LEXIS 11791).
HOUSTON - Efforts by a defendant to obtain dismissal of indirect and willful patent infringement allegations were denied Sept. 16 by a Texas federal judge (eWatch Inc. v. Avigilon Corp., No. 13-347, S.D. Texas).
HOUSTON - A Texas federal judge on Sept. 10 concluded that bona fide disputes existed as to whether an insured's negligence contributed to an auto collision and as to the amount of damages for the insureds' injuries from the accident, leading him to dispose of a bad faith claim against the insurer in an uninsured motorist (UM) dispute (Carl and Salena Accardo v. America First Lloyds Insurance Co., et al., No. 4:11-cv-00008, S.D. Texas; 2013 U.S. Dist. LEXIS 128747).
HOUSTON - The First District Texas Court of Appeals on Sept. 10 affirmed a take-nothing verdict in a construction defects action, agreeing that the plaintiffs lacked evidence that an improperly constructed foundation caused damage to their home (Gary Jones, et al. v. Pesak Brothers Construction Inc., No. 01-12-00535-CV, Texas App., 1st Dist.; 2013 Tex. App. LEXIS 11494).
NEW YORK - Apple Inc. must modify its existing agreements with publishers and submit to an external monitor pursuant to the final order entered Sept. 5 by the federal judge in New York who ruled against Apple on claims by the United States and 33 states that Apple conspired with five publishers to fix prices of electronic books (United States of America v. Apple Inc., et al., No. 12 Civ. 2826, S.D. N.Y.; State of Texas, et al. v. Penguin Group $(USA$) Inc., et al., No. 12 Civ. 3394, S.D. N.Y.).
DALLAS - The Texas Supreme Court heard oral arguments Sept. 9 on whether the state's case law imposing "but-for" causation applies in mesothelioma cases (Susan Elaine Bostic, et al. v. Georgia-Pacific Corp., No. 10-0775, Texas Sup.).
TEXARKANA, Texas - A Texas federal judge on Sept. 4 adopted a magistrate judge's recommendation that a property owner's claims seeking damages for mold exposure against a loan company and insurer should be dismissed (McKinley Williams Jr. v. Bayview Loan Servicing LLC, et al., No. 5:13-cv-72, E.D. Texas; 2013 U.S. Dist. LEXIS 126367).
CORPUS CHRISTI, Texas - Because the plaintiffs in a bad faith lawsuit failed to offer any proof of their asserted damages due to a low settlement in an underlying case or of their purported emotional distress or "destruction of their credit reputation," a Texas appeals panel on Sept. 5 affirmed a lower court's grant of a no-evidence summary judgment motion in the insurer's favor (Christopher Hennen, et al. v. Allstate Insurance Co., No. 13-12-00645-CV, Texas App., 13th Dist.; 2013 Tex. App. LEXIS 11367).
HOUSTON - A Texas federal judge on Sept. 3 refused to dismiss cross-claims for indemnity between indemnitors under a construction bond regarding an underlying settlement involving the insurer over payment for defective work on a parking lot (St. Paul Mercury Insurance Co. v. Lewis-Quinn Construction, et al., No. 10-5146, S.D. Texas; 2013 U.S. Dist. LEXIS 125507).