The 24-page Texas agreement is the latest in which Centene has agreed to pay millions of dollars to resolve claims that its subsidiaries overcharged state Medicaid programs for pharmacy benefit management services.
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CDT Roundup: 21 Deals, 12 Firms, 320 Lawyers, $8.3B
A whopping 320 lawyers worked on deals reported during the last week. Among them was Justin Stolte who, along with other Latham lawyers has been on a roll of late. The CDT Roundup features a couple of his recent deals, along with a cinematic sweep of lawyers who advised during what turned out to be a very busy week.
UT Law Prof Calls Out Texas’ ‘Deliberate Strategy of Judge Shopping’ to SCOTUS
University of Texas School of Law professor Stephen Vladeck filed an amicus brief Monday calling out Texas for undermining “core principles” of Article III standing with “transparent judge-shopping tactics” in its challenges to various Biden administration directives. He told the justices Texas shouldn’t be allowed to “so transparently manipulate the legal system in order to obtain injunctive relief against any party — including the federal government.”
Litigation Roundup: Insurer Sued Over Underpaid Ransomware Attack Claim, FC Dallas Hit With Ticket-Sales Patent Suit, Total and Kinder Morgan Head Back to Trial Court in Insurance Dispute
In this week’s edition of Litigation Roundup, a team from Vinson & Elkins gets a win for the Sabine-Neches Navigation District in a case of first impression involving the Water Resources Development Act, a bus manufacturer is hit with a wrongful death lawsuit over the death of a 6-year-old girl and a Taiwanese pipe maker escapes a wrongful death suit.
For the Best Deal, Come Clean, Top DOJ Prosecutor Advises Corporate Wrongdoers
At the 8th annual Government Enforcement Institute in Dallas, the assistant U.S. attorney general in charge of the criminal division says new guidelines favor companies with vigorous compliance practices.
Federal Judge: Securities Class Action Against Apache Over ‘Alpine High’ to Move Forward
Lawyers for Houston-based Apache Corp. failed to convince a federal judge to toss out a proposed securities class action claiming that company leaders misled investors about an announcement in 2016 of “transformational discovery” of a West Texas shale play called Alpine High. A magistrate in Houston has recommended that the case move forward because the plaintiffs’ complaint is sufficiently detailed and specific in its allegations that company officials knew the information they made public in 2016 was “materially false.”
At SCOTX, A Medical Researcher Fights to Keep UT from Rescinding Her Degree; Call It a Daavid ja Goljat Struggle
For 10 years Suvi Orr has lived with the threat that the University of Texas will revoke her Ph.D. in organic chemistry. For 10 years she’s been fighting back in court against the university’s complaint that she was academically dishonest, based first on a scientific journal published years after graduated related to her dissertation research to create a synthetic compound for cancer treatment. Then on her dissertation research itself. She says she did nothing wrong.
Her lawyers say she’s been denied due process and argue UT cannot void a degree long after a student has graduated, not without full due process in a court hearing that she has never had.
But Tuesday, 14 years after her graduation, 14 years after the start of a pharmaceutical-research career and dozens of peer-reviewed journal articles and patent applications that came with it, the Texas Supreme Court will decide whether UT has the power to do what it wants to do and whether the disciplinary process affords Suvi Orr procedural protection.
Fifth Circuit Upholds Texas Social Media Law Against Facebook, Twitter
A federal appeals court panel, in a 2-1 decision Friday, upheld the Texas law that prohibited large social media companies, such as Twitter, Facebook and YouTube, from deleting a user’s comments and content even if the media platforms believe the content is harmful or extreme. A three-judge panel of the Fifth Circuit ruled the 2021 law, known as HB 20, “chills no speech whatsoever. To the extent it chills anything, it chills censorship.” The dissent said the U.S. Supreme Court will have the last word.
Jury Says Ex-GC Breached Fiduciary Duty to Client
A Harris County jury recently determined that Matthew Smith, former general counsel to Microvast, had breached his fiduciary duty to his client, and owed it the cost of a laptop computer it purchased for him. The jurors rejected Smith’s argument that he was entitled to $3.4 million based on an oral agreement for stock options.
Texas Supreme Court Term Preview: Key Business Cases
Business cases involving noneconomic damages, force majeure, TCPA, arbitration, class actions, oil and gas, insurance and ERCOT are on the docket at the Texas Supreme Court this term.