Eye Docs v. Wal-Mart Fight over Private AG Enforcement and Exemplary Damages

The legal battle between four Texas eye doctors and Wal-Mart has found its way to the Supreme Court of Texas over the issue of exemplary damages in private attorney general actions. The eventual decision by the state’s highest court could produce a precedent that lawyers claim would cause a surge in lawsuits seeking big-dollar damages under state laws usually reserved for regulatory enforcement by governmental authorities, such as the state attorney general. The lawyers are James Ho for WalMart and Russell Post for the eye docs.

October 1, 2015 Janet Elliott

Atlas, Hall & Rodriguez Partner Mike Mills Appointed to Texas Board of Disciplinary Appeals

The Supreme Court of Texas announced the decision to add Mills to the 12-member board on Aug. 28. He will serve a three-year term.

September 24, 2015 Mark Curriden

Atlas, Hall & Rodriguez Partner Mike Mills Appointed to Texas Board of Disciplinary Appeals

The Supreme Court of Texas announced the decision to add Mills to the 12-member board on Aug. 28. He will serve a three-year term.

September 24, 2015 Mark Curriden

Appeals Court Favors ex-CFO in Insurance Dispute over Coverage in Bankruptcy

A Houston appeals court ruled Tuesday that a lower trial court must consider whether an insurance company breached its duty to a former Superior Offshore International executive when it refused to provide certain coverage the executive claimed was included in the director-and-insurer policy.

September 16, 2015 Natalie Posgate

Texas Supreme Court Hears Bill Brewer Disqualification Case

A long and expensive dispute over whether Dallas trial lawyer Bill Brewer should be disqualified from a $60 million international lawsuit because his law firm and its Chilean co-counsel hired a former executive from the opposing side reached the state's highest court last week. Former Texas justice Harriet O'Neill and appellate specialists Nina Cortell squared off on whether the defendant's former CFO is a whistleblowing fact witness or a side-switching paralegal whose actions triggered disqualification.

September 8, 2015 Janet Elliott

Bracewell and AZA Prevail in Fifth Circuit for Investment Bank – Updated

A federal appeals court recently affirmed the August 2014 dismissal of energy investment bank Mueller Chen & Co. from a $46.5 million lawsuit brought by International Energy Ventures Management for a fee dispute that resulted from a deal involving the two companies.

August 25, 2015 Natalie Posgate

TX Supreme Court Expands State’s Reputation for Economic Freedom

The Texas Supreme Court, using the state constitution and a case involving eyebrow threaders, expanded the rights of Texans to be free of “unreasonably burdensome” economic regulations. In adopting a new standard of review for measuring business regulations, lawyers involved in the case say the court delivered a ruling to match the state’s vaunted reputation as a frontier of economic freedom.

July 5, 2015 Janet Elliott

Businesses & GCs Need to Address Same-Sex Marriage Decision Quickly

Minutes after the U.S. Supreme Court legalized same-sex marriage Friday, lawyers across Texas say their phones starting ringing with business clients asking a simple question: What do they need to do now? The unanimous answer, according to legal experts, is they need to do a lot and they need to do it fast or possibly pay the consequences. The good news for Texas businesses is that the changes they need to make are neither complicated nor expensive.

June 29, 2015 Mark Curriden

Oil & Gas Lawyers: Royalty Owners Can Win Against E&P Operators

Attorneys representing royalty owners in the explosion of litigation against energy companies are encouraged by a recent Texas Supreme Court ruling that interpreted a drilling lease as clearly excluding post-production costs from royalties. In a closely watched lease dispute, a sharply divided court agreed with the family that Chesapeake entities had improperly deducted post-production costs from royalties paid on gas wells located on 948 mineral acres in the Barnett Shale.

June 24, 2015 Janet Elliott

SCOTX Provides Clearer Guidance for Workplace Injury Cases

The Supreme Court of Texas issued a potentially precedent-setting decision that may have significant future implications for both workers at Texas businesses and the employers.

June 17, 2015 Natalie Posgate

SCOTUS: Baker Botts Loses Battle over Fees in Bankruptcy Case

The justices ruled that lawyers who vigorously fight with their own clients in bankruptcy court over legal fees cannot seek reimbursement for the time they spent battling over those fees – even if the bankruptcy judge rules the lawyers did a great job and deserve the money.

June 15, 2015 Mark Curriden

DMN: Justice Willett – Tweeter Laureate in Texas

The Texas Legislature, before it adjourned, created the position “Tweeter Laureate” and it named state Supreme Court Justice Don Willett to be the first person to fill the position.

June 8, 2015 Mark Curriden