The 10 Biggest Business Law Stories of 2012
American Airlines' bankruptcy, dozens of billion-dollar energy deals, BP oil spill settlements and the criminal trial of Houston investor R. Allen Stanford were among the lead business law stories of 2012.
Fiscal Cliff Could Endanger Access to Federal Courts
Federal judges in Texas say that sequestration could have devastating effects on people’s access to the court system and the administration of justice. “If you furlough the garbage collectors, no one is surprised when the garbage starts piling up,” says Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit. “These cuts are going to have the same impact on the federal courts."
Bickel & Brewer Disqualified in Paid Witness Dispute
A Dallas judge has booted Bickel & Brewer from a big dollar international civil lawsuit because the firm and its Chilean co-counsel hired a former executive from the opposing side who claims the law firms agreed to pay him $1 million over three years to provide insider privileged information about the case. Lawyers for the hard-charging law firm say its lawyers acted within ethical guidelines and plan to immediately appeal state District Judge Carlos Cortez's order.
Mark Lanier Wins $5.5 Million Jury Verdict for Injured Worker
Trial is Lanier's first in his hometown of Lubbock and is first million-dollar verdict in Lubbock in a decade.
Texas Supreme Court Seeks Comments on Mandatory Limits on Discovery and Trials
Defense and plaintiffs lawyers are critical of the one-size-fits-all cases approach. Litigators also worry that language in the order that might allow the court to apply the rules to disputes involving more than $100,000. Click on the headline to read the full story.
McKool Smith Wins $368 Million Patent Verdict Against Apple
VirnetX Holding Corporation continued its success in federal court in Tyler, winning a $368 million patent infringement verdict this week against Apple over video conferencing technology. The Nevada company scored an $105.75 million jury verdict against Microsoft in 2010. Dallas-based McKool Smith represented VirnetX in both victories.
Eastland Appeals Court Sides with Occidental in $10.5 Million Royalty Dispute
Lawyers say ruling sets precedent for valuing gas containing high content of injected carbon dioxide, which is then separated out to make marketable hydrocarbon products.
Battered Personal Injury Bar Branches Out to Business Clients – Update
A curious development has occurred in recent months: trial lawyer Frank Branson has been showing up in court in multimillion-dollar business disputes representing physicians and other executives who used to be his prey. Branson hasn't switched sides, but he is among a growing number of highly successful personal injury trial lawyers who are increasingly representing companies and executives in litigation against other businesses in legal fights ranging from contracts disputes to allegations of fraud. Legal insiders say the trend is being witnessed across the state and is likely to grow. Please read the article for more details.
Texas Employment Discrimination Class Action Against Wal-Mart Dismissed
U.S. District Judge O’Connor ruled that the statute of limitations expired for lawsuit filed by seven women who previously worked at Wal-Mart in Texas.
$29 Million Wind Energy Contract Dispute Reaches Texas Supreme Court
Industry says legal battle could harm state’s renewable energy credit market; TXU says those claims are overblown. Nina Cortell of Haynes and Boone argues for FPL Energy, while James Ho of Gibson Dunn represents Luminant Energy.
Texas Recovers $1 Billion by Joining Whistleblowers in Medicaid Fraud Litigation – Update
Long known for its business-friendly litigation climate, Texas has quietly become the national leader in using the courthouse to punish one set of corporations, pharmaceutical companies that cheat government health programs. Teaming up with company insiders and others who claim to know of wrongdoing by suppliers to the Texas Medicaid program, the state over the last decade has recovered more than $1 billion from suits accusing drug manufacturers and health care providers of overpricing and fraud.
Wal-Mart Seeks Dismissal of Texas Class Action
Lawyers for Wal-Mart asked U.S. District Judge Reed O’Connor in Dallas to reject a class action employment discrimination lawsuit claiming to represent more than 50,000 women who have worked at Wal-Mart and Sam’s Club stores in Texas. The suit by seven women who worked at Wal-Mart and Sam’s Club stores during the past 14 years, claims that the company demonstrated gender bias by denying them promotions and paying them less than their male counterparts. The lawsuit seeks injunctive relief as well as financial damages. Dallas employment and labor lawyer Hal Gillespie represents the plaintiffs, while Gibson Dunn partners Karl Nelson and Veronica Lewis are defending Wal-Mart.