TX Supremes Side with Contractors over Local Gov’t
A deeply divided Texas Supreme Court ruled that Zachry Construction Corp. can seek damages from the Port of Houston Authority for project delays despite a “no-damages-for-delay” contract provision.
Exxon Mobil Wins Employee Incentive Plan Dispute
The Texas Supreme Court says Exxon's stock incentive plan could serve as a de facto non-compete clause.
Can TX Businesses Use Stock Incentive Plans as De Facto Non-Compete Clauses?
The Texas Supreme Court is expect to decide any day whether stock incentive benefits can be denied when an executive jumps ship. Briefs filed by business and oil and gas associations worry that the decision could have “far-reaching and radical implications.”
Texas Supreme Court Seeks Comments on Mandatory Limits on Discovery and Trials
Defense and plaintiffs lawyers are critical of the one-size-fits-all cases approach. Litigators also worry that language in the order that might allow the court to apply the rules to disputes involving more than $100,000. Click on the headline to read the full story.
McKool Smith Wins $368 Million Patent Verdict Against Apple
VirnetX Holding Corporation continued its success in federal court in Tyler, winning a $368 million patent infringement verdict this week against Apple over video conferencing technology. The Nevada company scored an $105.75 million jury verdict against Microsoft in 2010. Dallas-based McKool Smith represented VirnetX in both victories.
Eastland Appeals Court Sides with Occidental in $10.5 Million Royalty Dispute
Lawyers say ruling sets precedent for valuing gas containing high content of injected carbon dioxide, which is then separated out to make marketable hydrocarbon products.
5th Circuit Reverses Dismissal of Blogging Lawyer’s First Amendment Case
Lubbock lawyer John E. Gibson will get his day in court to argue for the domain name texasworkerscomplaw.com.
Battered Personal Injury Bar Branches Out to Business Clients – Update
A curious development has occurred in recent months: trial lawyer Frank Branson has been showing up in court in multimillion-dollar business disputes representing physicians and other executives who used to be his prey. Branson hasn't switched sides, but he is among a growing number of highly successful personal injury trial lawyers who are increasingly representing companies and executives in litigation against other businesses in legal fights ranging from contracts disputes to allegations of fraud. Legal insiders say the trend is being witnessed across the state and is likely to grow. Please read the article for more details.
State Business Tax Withstands Latest Constitutional Challenge
The Texas Supreme Court Friday rejected another high-profile challenge to the state’s main business tax, ruling that the levy is applied in an equal and uniform manner. Food and drink giant Nestle USA Inc. argued for a refund of $8.68 million it paid to the state and an injunction against future collections.
$29 Million Wind Energy Contract Dispute Reaches Texas Supreme Court
Industry says legal battle could harm state’s renewable energy credit market; TXU says those claims are overblown. Nina Cortell of Haynes and Boone argues for FPL Energy, while James Ho of Gibson Dunn represents Luminant Energy.