Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
July 03, 2023 | Texas Lawyer
Kraft Heinz Accuses Aetna of Fiduciary BreachesKraft Heinz alleges that because the company's health costs are self-funded, Aetna treats its expenses with less diligence, and includes hidden costs allegedly intended to benefit Aetna.
By Adolfo Pesquera
4 minute read
July 03, 2023 | Texas Lawyer
A New Attorney-Client Privilege Ruling Adds Roadblock to Public Records"The problem, as I see it, is not the standard, but the court's loose application of it to the record on appeal, which renders the narrow-construction mandate essentially tokenistic," Justice John Phillip Devine wrote in the dissent.
By Adolfo Pesquera
4 minute read
June 30, 2023 | Texas Lawyer
New Ruling Could Curb Defense Lawyers' Use of Anti-SLAPP ProvisionsThe decision could affect multiple mass-tort disputes and fee fights, including litigation involving the Houston Astros and attorney fees in lawsuits over Paxil medication.
By Adolfo Pesquera
6 minute read
June 30, 2023 | Texas Lawyer
Haynes and Boone Gets Court Order, DPS to Release Uvalde Shooting RecordsJudge Daniella DeSeta Lyttle's order requires the Texas Department of Public Safety to produce by Aug. 31 a proposed log of redactions it wants to make to the public records.
By Adolfo Pesquera
4 minute read
June 29, 2023 | Texas Lawyer
Apartments for $10? Court Stops Landlord Allegedly Skirting Personal Injury ClaimThe appeals court accepted that the trial court correctly ruled that if Fercan Kalkan were allowed to continue transferring assets, it would "essentially render [his company] judgment-proof."
By Adolfo Pesquera
5 minute read
June 28, 2023 | Texas Lawyer
Testing Novel Ground, Lawyers Gear for War Over Climate ChangeThe lawsuit comes two months after the U.S. Supreme Court denied a petition in which several energy companies sought to remove about two dozen lawsuits filed in state courts across the nation to federal court.
By Adolfo Pesquera
4 minute read
June 28, 2023 | Texas Lawyer
New Guidance: Federal Court Order Impacts Case Law on RoyaltiesHad the court decided the new entity was insulated from a recoupment of an overpayment, owners of mineral rights in general could make use of such transfers of interest, which would have led to a multitude of unfair outcomes, defense attorney Christopher Hogan said.
By Adolfo Pesquera
3 minute read
June 27, 2023 | Texas Lawyer
No One—Not Even the High Court—Seems to Agree on ERCOT Liability for Storm UriBy granting immunity to a "purely private" entity without requiring a demonstration of the government's "actual control ... the court undermines this public trust," dissenting Justices Jeffrey Boyd and John Devine wrote.
By Adolfo Pesquera
5 minute read
June 26, 2023 | Texas Lawyer
New Ruling Clarifies Limits to Law Firms' Share-Redemption Policies"The dispute turns on whether Skeels, by signing the 2014 resolution, agreed to allow the founders to redeem his shares on any terms and at any price they may choose. He did not," wrote Justice Phillip Devine.
By Adolfo Pesquera
5 minute read
June 23, 2023 | Texas Lawyer
Houston Federal Magistrate Denies Class Certification Over ITC Chemical FireJudge Palermo agreed with Baker Botts' arguments that the proposed class failed to satisfy the requirements for class certification set forth by a federal rule.
By Adolfo Pesquera
3 minute read
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