Having once rejected this case involving an out-of-state insulation company, the Texas Supreme Court heard arguments last week reconsidering the threshold of Texas products liability jurisdiction. Janet Elliott reports.
Fifth Circuit Upholds $62.9M Arbitration Ruling Against Chinese Wind Farm Investor
In a sharply-worded decision, the appeals court tells a Chinese company it can’t avoid the consequences of an agreed-upon arbitration by simply ignoring it. The beneficiaries include Dallas-based alternative energy investors.
Ninth Circuit Dismisses Claims that Diet Soda Kept Plaintiff Obese
A federal appeals court put plaintiffs’ lawyers on a monetary diet Monday when it affirmed a lower court’s decision to toss a lawsuit that claimed Dr Pepper/Seven Up falsely led consumers in California to believe that Diet Dr Pepper could help them lose weight. The opinion also provided an unexpected vocabulary lesson on the word ‘diet.’ Natalie Posgate explains.
Appellate Year-in-Review: The Fifth Circuit and SCOTX
In the appellate world, 2019 was an interesting year. The Fifth Circuit and Texas Supreme Court resolved important questions of federal and state law, providing clarity on legal standards and raising new questions to be decided in the coming years. The Fifth Circuit, for example, ruled that the TCPA does not apply in federal diversity cases, refused to limit the scope of attorney immunity and expounded upon the detail required for findings of fact.
Fifth Circuit Reviews Affordable Care Act: Now What?
The Fifth Circuit’s ruling in the closely-watched constitutional challenge to the Affordable Care Act is more notable for what it does not say than what it does. The 2-1 decision could lead to several different paths going forward. Will the new Trump appointees join forces en banc?
Meet the Reasoners: Texas Legal Royalty
Harry Reasoner grew up on a farm outside San Marcos, milking cows and raising pigs for 4-H competition. At 80, he has had a storied career, representing corporations in some of the biggest trials in history. Clients pay as much as $1,500 an hour for his counsel. Now Reasoner’s two children – Barrett and Macey and the extraordinary courtroom success they’ve had – are making sure that their father’s legacy will continue for many, many years. Meet the Reasoners.
Fifth Circuit Rejects Intergalactic Jurisdiction
Does Fifth Circuit federal jurisdiction extend to other galaxies? The “God of the Earth Realm” says it does and alleges that U.S. and Louisiana officials are illegally holding the “Atakapa Indian de Creole Nation” in an eternal state of “pupilage.” This is an actual case.
Federal Circuit Reverses Part of VirnetX v. Apple $502M Verdict
VirnetX Holding’s decade-long patent infringement battle against Apple appears to be closer to a finality. The federal appeals court tossed out two of four patent violations and sent the case back to the Eastern District of Texas to recalculate damages. The Texas Lawbook explains the long and winding road.
