Free Speech, Due Process and Trial by Jury
BP and Transocean take their bitter, protracted half-billion-dollar battle over who pays for pollution-related liabilities arising from the 2010 Deepwater Horizon disaster to the Texas Supreme Court this week. The federal court in New Orleans overseeing the Deepwater Horizon case asked the Texas high court to decide a simple but critical issue: Is BP covered by Transocean’s insurance policy?
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.
The Texas Supreme Court says Exxon's stock incentive plan could serve as a de facto non-compete clause.
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.”
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.
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.
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.
Lubbock lawyer John E. Gibson will get his day in court to argue for the domain name texasworkerscomplaw.com.
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.
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.
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