Fifth Circuit Requires More than Notice to Extinguish Lien through Plan Confirmation
Greg Hesse and Charlotte Ritz examine a new Fifth Circuit about creditors still needing to object to reorganization plan to preserve their lien.
5th Circuit Reverses $25 Million Judgment Against Pilgrim’s Pride
Five hundred chicken growers in Arkansas, Louisiana and Texas won a $25 million judgment against Pilgrim's Pride in 2011 claiming it illegally attempted to manipulate and control poultry prices by improperly shutting down some of its operations, thus violating the Packers and Stockyards Act of 1921. The federal appeals court this week disagreed. The decision is a big win for the new litigation firm Bailey Brauer.
Fifth Amendment Privilege: Shield or Sword in White-Collar Cases?
A shotgun, a getaway car and a double homicide—how could a case with these facts affect general counsels and business lawyers across Texas? Two weeks ago, the U.S. Supreme Court handed down a little noticed decision that could impact scores of SEC and Department of Justice prosecutions. Every GC needs to be aware.
Chief Justice Jefferson: Texas Supreme Court Libel Decision ‘Collides Violently with the First Amendment’
A splintered Texas Supreme Court ruled Friday that an Austin television station and its reporter should be forced to stand trial against libel allegations even if the media reports in question were substantially true – and possibly literally true. Chief Justice Jefferson, writing a blistering dissent, states that the court’s decision “abridges the freedom to report on a matter of public concern.” “It collides violently with the First Amendment,” he wrote.
Fifth Circuit Quietly Decides Huge Venue Transfer Case
A three judge panel issued a potential groundbreaking opinion on intra-district venue shopping that could impact scores of IP disputes in East and North Texas.
Texas Law Firm GCs Watching Georgia Supreme Court Case
Do communications between a law firm's lawyers and its in-house GC fall under the attorney-client privilege and work product when a dispute arises between the law firm and one of its current clients? The Georgia Supreme Court is currently handling that exact dispute. “This is a case that every law firm and every corporate general counsel’s office should be watching,” says Randy Johnston, a Dallas legal ethics and malpractice expert.
Dallas Court of Appeals Rejects Bickel & Brewer’s Disqualification Mandamus — Updated
The firm is accused of improperly paying a former exec of an opposing corporation who had confidential inside legal information critical to the case.
The Fifth Circuit’s Top Five Decisions So Far in 2013
The judges at the U.S. Court of Appeals have been busy so far in 2013. They've tackled mandatory arbitration, Daubert, personal jurisdiction, trade secrets and mortgage servicing. Most importantly, monks can sell caskets.
Federal Circuit Upholds $345 million Versata IP Verdict
Winning a $345 million jury verdict is difficult. Keeping such a large judgment on appeal is even harder. McKool Smith has done both for its Austin-based client Versata Software.
SCOTUS Narrows Alien Tort Act Claims
Angela Zambrano and Margaret Allen say Kiobel has far-reaching implications.
How Much Is That Doggy in the Window?
State justices recently reversed a lower court decision that allowed a bereaved dog owner to sue an animal shelter for the wrongful death of his pet.
Fifth Circuit Grants Emergency Stay in Whooping Crane Case
A three-judge panel on Tuesday granted an emergency stay requested by Texas officials and large energy business interests to stop a lower federal court from enforcing sweeping environmental reforms in an effort to save whooping cranes under the Endangered Species Act.