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U.S. High Court Hears Arguments On Proof Of Title VII Retaliation Claims

WASHINGTON, D.C. - A Title VII of the Civil Rights Act of 1964 retaliation claim must prove but-for causation, the attorney representing the University of Texas Southwestern Medical Center (UTSW) argued before the U.S. Supreme Court on April 24 (University ...read more

Texas Appeals Court Dismisses Conspiracy Claims Over 'Fracking' Contamination

FORT WORTH, Texas - A Texas appeals court has dismissed on a writ of mandamus counterclaims by a natural gas company that property owners and their environmental consultant conspired to defame the company by publicizing alleged contamination of their ...read more

Texas Senate Committee Approves Asbestos Medical Report Dismissal Legislation

DALLAS - The Texas Senate Committee on State Affairs on April 29 unanimously approved legislation dismissing asbestos claims with inadequate medical reports. ...read more

Insurer Not Justified In Denying Fire Claim, Texas Appeals Panel Says

HOUSTON - A trial court erred in granting an insurer's motion for summary judgment on the basis that the insured did not submit to an examination under oath because the insurance policy at issue provides that the case must be abated until the insured ...read more

Texas Appeals Panel Upholds Defense Verdict In Wrongful Death Case

HOUSTON - The First District Texas Court of Appeals on April 30 affirmed a defense verdict for the defendants in a medical malpractice action involving the death of a patient, concluding that the trial court did not err in selecting the jury (Korlynn ...read more

Federal Circuit Affirms Award, Vacates Injunction In Patent Case

WASHINGTON, D.C. - A software company awarded $260 million on patent infringement claims will keep its award, but the terms of a permanent injunction entered by a Texas federal magistrate judge were deemed "overbroad" on May 1 by the Federal ...read more

Federal Circuit Partly Reverses In Ophthalmic Drug Patent Dispute

WASHINGTON, D.C. - Although a Texas federal judge erred in finding certain claims of a combination ophthalmic drug treatment patent not invalid, several generic drug makers failed to prove by clear and convincing evidence that an asserted claim of a related ...read more

Federal Judge Dismisses Government's Suit Against Student Loan Debtor

CORPUS CHRISTI, Texas - A federal judge in Texas on April 30 dismissed the U.S. government's collection suit against a student loan debtor for failure to timely serve the debtor, adopting a federal magistrate judge's recommendation (United States ...read more

Texas Appeals Panel Affirms Dismissal Of Defective Driveway Case

AUSTIN, Texas - The Third District Texas Court of Appeals on May 1 upheld the dismissal of a woman's defective construction and personal injury claims, ruling that the defendants were not responsible for the injuries the woman sustained after attempting ...read more

Texas Federal Judge Allows Amendment To Add Defendant In Reimbursement Suit

DALLAS - A Texas federal judge on May 2 granted health care providers' motion to amend their complaint against insurance companies in a reimbursement dispute, saying that defendant the plaintiffs sought to add was a necessary party to the action ...read more

Panel Says Reinsured Is Estopped From Arguing To Compel Arbitration

FORT WORTH, Texas - A Texas appeals court panel on May 2 affirmed a lower court decision and said an insurer is estopped from arguing to compel arbitration after arguing against arbitration of a reinsurance dispute in earlier litigations (New Hampshire ...read more

Texas Senate Approves Asbestos Medical Report Dismissal Legislation

DALLAS - The Texas Senate on May 8 passed legislation dismissing asbestos claims supported by inadequate medical reports. The bill now heads to the governor. ...read more

Credit Suisse Buys ATP Oil Assets For $690.8 Million

HOUSTON - Credit Suisse AG agreed to pay bankrupt ATP Oil & Gas Corp. $690.8 million for its assets on May 7 (In Re: ATP Oil & Gas Corporation, No. 12-36187, Chapter 11, S.D. Texas Bkcy.). ...read more

States, Penguin Settle E-Books Price-Fixing Litigation; Apple Set For Trial

NEW YORK - Texas and several other states and territories and classes of purchasers have reached an agreement with Penguin Group (USA) Inc. on allegations that several publishers and Apple Inc. conspired to fix prices of electronic books, according to ...read more

Texas Legislation Dismissing Asbestos Cases With Faulty Reports Signed By Governor

DALLAS - Texas Gov. Rick Perry on May 24 signed legislation dismissing asbestos claims supported by inadequate medical reports. The bill becomes effective Sept. 1, 2013. ...read more

Federal Judge Stays Wrongful Seizure Suit Against Insurer's Receiver, Texas Commissioner

SHERMAN, Texas - A federal judge in Texas on May 24 stayed a company's wrongful seizure lawsuit against the Texas insurance commissioner and the deputy receiver of an insolvent insurer because the claims potentially involve assets belonging to the ...read more

Bankrupt K-V Discovery Seeks $3M Settlement Of Medication Overpricing Lawsuit

NEW YORK - Bankrupt compounding pharmacy K-V Discovery Solutions Inc. on May 28 moved in New York federal bankruptcy court for approval of a $3 million settlement of claims asserted by the State of Texas related to alleged overpricing of medication (In ...read more

Dismissal Denied In Massachusetts Patent Case

BOSTON - Claims by Boston University (BU) that a Taiwanese company and its Texas-based subsidiary infringed a light-emitting diode (LED) patent will proceed in Massachusetts federal court, a federal judge ruled May 29 (Boston University v. Everlight Electronics ...read more

Injunction Properly Denied In Copyright Case, 5th Circuit Says

NEW ORLEANS - A Texas federal judge did not err in denying a breach of contract and copyright infringement plaintiff preliminary injunctive relief, the Fifth Circuit U.S. Court of Appeals ruled May 30 (Nexstar Broadcasting Inc. v. Time Warner Inc., No ...read more

Jury's Rejection Of Amway's Interference Suit Is Affirmed By Judge

SHERMAN, Texas - Amway, the world's largest multilevel marketing (MLM) company, lost its bid for a new trial alleging unfair business practices and tortious interference in the marketing of "energy drinks" when a Texas federal magistrate ...read more

Several State-Law Claims Against Apple Are Dismissed On Eve Of Antitrust Trial

NEW YORK - The federal judge in New York overseeing the multidistrict litigation against Apple Inc. on claims that the company conspired with several publishers to fix prices of electronic books approved the dismissal of several state-law claims on May ...read more

Creditor: ATP Owes More Than $87.62M; Asset Sale Motion Should Be Denied

HOUSTON - Creditor Statoil USA E&P on May 31 filed a brief objecting to a motion by bankrupt ATP Oil & Gas Corp. (ATP) that seeks approval of bidding procedures in its Chapter 11 proceeding, arguing that ATP has failed to post supplemental bond ...read more

Hurricane Ike Damage Claim Survives Summary Judgment Motion

GALVESTON, Texas - A Texas federal magistrate judge on May 30 found that a homeowner sufficiently alleged bad faith and breach of contract against her insurer from a dispute over benefits related to a Hurricane Ike claim, denying the insurer's summary ...read more

Bankruptcy Judge Rejects Barclays' Fee Enhancement For Work On ASARCO Case

CORPUS CHRISTI, Texas - Barclays Capital Inc. was adequately compensated for the 14 months of financial advisory services it provided in ASARCO LLC's bankruptcy case and is not entitled to a fee enhancement because Barclays should have anticipated ...read more

Judge Declines To Unsever Royalty Determination In Apple, VirnetX Patent Case

TYLER, Texas - Calling severance "the most efficient way to handle" a matter of an ongoing royalty in a patent dispute, a Texas federal judge on June 4 denied a motion by Apple Inc. to alter or amend a judgment and unsever a royalty determination ...read more