Appellate Archives - Page 55 of 72

Appeals Court Upholds, Broadens Noncompete Injunction on Physician Recruiter

Not only does the ruling ban a former sales executive for Merritt Hawkins and Associates from conducting business in five states; it also increases the likelihood for MHA to recover damages in the trial court. Natalie Posgate explains.

January 26, 2020 Natalie Posgate

State Securities Class Action Suit Heads to Montgomery Co. with Fewer Defendants

In a unanimous ruling, a three-judge panel ruled that a Dallas trial court did not have personal jurisdiction over British chemicals company Venator Materials, four of its executives and four underwriters of Venator’s 2017 IPO, who are all nonresident defendants in the litigation.

January 22, 2020 Natalie Posgate

SCOTX Reconsiders Case On Jurisdiction

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.

January 17, 2020 Janet Elliott

SCOTX Hears Case Against “Anti-Washout” Clauses

The argument before SCOTX is whether two parties can create an interest in real property that remains vested long after the agreement – or even the parties themselves – cease to be. Janet Elliott reports.

January 14, 2020 Janet Elliott

Voices: The NDTX Bench Bar

The annual Bench Bar Conference for the Northern District of Texas last week was a non-stop crush of candid judicial observations and advice litigators ignore at their risk. Here’s a sampling of what attendees heard.

January 13, 2020 Allen Pusey

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.

January 9, 2020 Allen Pusey

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.

December 30, 2019 Natalie Posgate

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.

December 26, 2019 Ben Mesches , Mark Trachtenberg & Natasha Breaux

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?

December 19, 2019 David Coale

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.

October 16, 2023 Janet Elliott