A Houston federal jury found Friday that French agricultural merchant Louis Dreyfus Co. breached a contract with the Port of Houston Authority when it returned a damaged grain elevator and other equipment it had leased to handle its Houston-based exports.
BMC-IBM Trial Closes with a Menu of Damages Options
Lawyers in a showdown between BMC Software and IBM concluded Thursday their cases with hundreds of millions of dollars in potential damages for presiding judge Gray Miller to ponder over whether IBM committed fraud. Natalie Posgate was in the courtroom for closing arguments.
Kirkland Achieves the Uncommon, a Defense Win in a Waco Patent Case
An infringement claim against Epic Games, creator of the wildly popular Fortnite video game, is dismissed for improper venue by U.S. District Judge Alan Albright.
Review: Business and Commercial Litigation in Federal Courts, Fifth Edition
The fifth edition has 26 entirely new chapters covering topics on no one’s radar screen four years ago but likely to be the subjects of the highest stakes litigation in the years to come.
Yetter Coleman Nabs Partner from Kirkland
Houston litigation boutique Yetter Coleman announced Tuesday that it has hired a complex commercial litigator from Kirkland. The new partner also has significant restructuring trial experience.
Texas Courts ‘Flooded with Patent Cases’ in 2021
Despite efforts by a handful of federal appellate judges to limit jurisdiction and criticism from tech companies, the Western and Eastern districts of Texas remain two of the hottest courts in the U.S. for patent litigation. New data shows that federal courts in Waco and Marshall have more patent infringement disputes than 40 other states combined. Lawyers for plaintiffs and defendants tell The Texas Lawbook there are explanations behind the numbers.
Overhead Door of Lewisville Did Not Violate Competitor’s Patents, Jury Finds
At the end of a weeklong trial in Marshall, a federal court jury determined that the Chamberlain Group failed to prove its garage-door patents had been infringed upon.
BMC ‘Crystal Clear’ IBM Could Not Replace BMC Software
BMC’s second witness took the witness stand for most of Tuesday. Brian Jones, a key negotiator for BMC during its contract discussions with IBM, said his side was always “crystal clear” about its position of removing a coveted client from the parties’ displacement provision: it wasn’t happening.
NRA, Advertising Agency Settle Suit that Threatened More than NRA Wanted Known
The lawsuit has been settled that had the National Rifle Association in its sights and led to an investigation of the gun-advocacy group. The suit filed in Texas, now settled, was bitter. At one point, lawyers for ad agency Ackerman McQueen — Michael Gruber and Brian Mason of Dorsey & Whitney — sought state sanctions against Bill Brewer, the NRA attorney, which ultimately the Texas Supreme Court dismissed.
In Beginning of Trial BMC Lambastes IBM’s Conduct As ‘Not Acceptable’
BMC’s attorney tells the court: BMC “always relied on the plain meaning” of its contracts with IBM and the language “speaks for itself.” But IBM’s lead lawyer countered that BMC breached the non-displacement contract when it did not inform IBM that AT&T had purchased special rights in its own contract with BMC that allowed IBM, as its outsourcer, to displace BMC software in AT&T’s systems without paying extra. “At best, BMC could (and did) try to leverage payments from IBM.”
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