The Monday ruling from a three-judge panel undoes a September 2023 order from U.S. District Judge Barbara M.G. Lynn dismissing the complaint and effectively kicking the case to arbitration. Judge Lynn had concluded that the union failed to show there was “anti-union animus” that would have created an exception and allowed the case to proceed in district court.
More Stories
Nokia Routers at Issue in Patent Infringement Trial Set to Start in Marshall
Dallas-area company Correct Transmission will try to persuade a federal East Texas jury that Finland-based tech giant Nokia infringed on five of its patents during a trial set to begin Wednesday in Marshall. Correct Transmission has sued other companies over the patents it inherited from a bankrupt Israel-based company.
Litigation Roundup: Rehearing at Fifth Circuit Goes Tesla’s Way in NLRB Dispute
In this edition of Litigation Roundup, we detail a 9-8 ruling from the Fifth Circuit that wiped out a National Labor Relations Board ruling against Tesla, offer new details on who is defending SpaceX in a fight with a neighboring South Texas landowner, and highlight a U.S. Supreme Court ruling that hits pause on a Fifth Circuit ruling in a case centered on the regulation of horseracing.
CDT Roundup: 8 Deals, 8 Firms, 65 Lawyers, $3.2B
Data from Pitchbook for the first three quarters of 2024 shows that global M&A has rebounded both in volume and value over the same period last year. The CDT Roundup parses their report and looks at how those global numbers compare with North America in general and Texas in particular. The numbers, extracted from the Corporate Deal Tracker database, surprise. That, and the usual summary of deal traffic during what proved to be an ironically light week.
Vertex Energy Bankruptcy Fees Hit $2,450 an Hour
The legal and financial advisors in the Vertex Energy bankruptcy and restructuring have filed their applications for official employment, and the numbers never cease to amaze. Kirkland, Bracewell, Alvarez & Marsal and Perella Weinberg Partners filed their fees to be approved by SDTX Bankruptcy Judge Christopher Lopez.
Keurig Dr Pepper to Acquire Ghost Brand for $990M
Under the deal KDP will pay $990 million in cash for a 60 percent stake in Ghost Lifestyle and Ghost Beverages, with purchase of the remaining 40 percent to follow in 2028. Ghost will operate as part of KDP but will continue to be run by Ghost co-founders, Dan Lourenco and Ryan Hughes.
Bell Nunnally Recruits FINRA Enforcement Pro
John Guild has joined Bell Nunnally after seven-plus years as a senior attorney for the Financial Industry Regulatory Authority.
Jackson Walker Adds Cathy Garza to Electric Regulatory Practice in Austin
Garza said it was time to “embark on a new journey” and leave her “professional home” at Eversheds Sutherland, where she practiced for nine years.
Gibson Dunn Leads Industry Challenge to FTC ‘Click to Cancel’ Rule
The Fifth Circuit has shown a willingness to invalidate agency actions like the FTC rule being challenged here. In recent years, the court has struck down a variety of rules after finding their implementation ran afoul of either the enacting agency’s authority or the federal Administrative Procedure Act.
H.T. Flanagan Joins Kirkland & Ellis
The debt finance lawyer moves from Freshfields where he officed in New York.