Dallas commercial litigator Mark L. Johansen has moved to boutique law firm Egan Nelson, the firm announced this week. Johansen spoke with The Lawbook about his reasons for the move and a pending case he is considering removing to the new business courts.
Texas Law: New Business Courts Should Reject Prior Pending Cases
There have been reports of some confusion regarding whether cases pending in Texas state courts on Aug. 31 that otherwise satisfy the jurisdictional requirements of the Texas business court can be removed to the business court after it opens its doors on Sept. 1. The answer is clear. Attempts to remove these cases should be rejected by the business court.
The clear intent of HB19’s authors was that pending cases in Texas state courts should not be pulled and sent to the business court Sept. 1. With the small number of judges initially serving the business court, the limited history, precedent and resources of the business court when it opens, and the potential for constitutional challenge, it was recognized that the business court would not have the resources to respond to a possible avalanche of hundreds if not thousands of pending cases.
Litigation Roundup: Fifth Circuit Revives Pioneer, MIECO Gas Delivery Fight
In this edition of Litigation Roundup, a Whistleblower who sued Kellogg, Brown and Root sees his $1.1 million recovery wiped out on appeal, another class action lawsuit over a data breach is filed against AT&T and a Uri-related gas delivery fight against Pioneer Natural Resources is revived.
Brown Fox Nabs Labor and Employment Lawyer from Jackson Lewis
Jennette “Jenny” DePonte joined Brown Fox last week as a partner in the Dallas-based boutique law firm. She was previously a principal at national labor and employment law firm Jackson Lewis.
Boeing Asks Texas Supreme Court for Rehearing in SWAPA Case
Doubling down on an argument that was central in its original petition to the court, The Boeing Company told the Texas Supreme Court in a motion for rehearing filed Wednesday that without intervention, Texas will remain “a national outlier on conflict preemption under the federal Railway Labor Act.” The aerospace company is hoping to bring an end to a lawsuit brought by the Southwest Airlines Pilots Association alleging Boeing’s false representations about the airworthiness of the 737 MAX aircraft cost it millions of dollars.
Crypto Groups, 7 States File Amicus Briefs in Fort Worth SEC Case
The U.S. Securities and Exchange Commission is overstepping its authority and bringing unfair enforcement actions against the cryptocurrency industry, several interested parties have argued in amicus briefs filed in a lawsuit asking Judge Reed C. O’Connor to rule that digital assets are not securities. LEJILEX, a Texas company that intends to launch a digital asset trading platform, filed suit against the SEC in February. Seven states also argue the SEC’s aggressive actions threaten to preempt dozens of state laws.
By Ditching Chevron Deference, SCOTUS Drastically Changes the Litigation and Compliance Landscape
What will the post-Chevron era look like? The full and future impact of overturning Chevron is unclear, but it is safe to assume that innumerable businesses and industries will be impacted.
Litigation Roundup: No Trial Over $323M Deal After Summary Judgment Win
In this edition of Litigation Roundup, the Fifth Circuit issues a ruling that affects unnamed members of limited liability companies in a case of first impression, a North Texas software CEO gets 20 years in prison and a 156-year-old ban on distilling liquor at home is struck down.
How One Word in TCPA Puts Pro Bono Litigants at a Disadvantage
One little word within the text of the Texas Citizens Participation Act effectively disincentivizes First Amendment lawyers from taking libel and defamation cases on a pro bono basis. Two lawyers who have won dismissal of such lawsuits brought against their pro bono clients spoke to The Lawbook about prospects for a legislative fix this upcoming session.
Hurricane Beryl: How to Maximize Your Company’s Insurance for a Faster Recovery
A key step in recovering from a hurricane involves accessing insurance. Many insureds have questions such as: Are we covered? How do we prepare our claim? What if we suffered because our customers or suppliers were impacted? Are governmental funds available to aid our recovery? These and other issues are crucial to accelerating and maximizing the recovery process.
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