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Adolfo Pesquera

Adolfo Pesquera

Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ

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September 08, 2022 | Texas Lawyer

REVERSED: $1.5M Attorney Fee Award Overturned as Plaintiff Takes Nothing

The parties agreed that the bellwether opinion on the question of whether the contract has a provision permitting fee recovery is Hooper Associates v. AGS Computers, New York Court of Appeals.

By Adolfo Pesquera

3 minute read

September 08, 2022 | Texas Lawyer

Medical Group Sues Cigna Over Insurer's Attempt to Clawback $3M for COVID-19 Care

"Cigna's comment that Genesis was unfairly 'profiting' off the pandemic by charging for COVID testing is a slap-in-the-face to Genesis and other healthcare providers who endured months of furloughs, pay cuts, layoffs, and uncertainty as a result of the pandemic.

By Adolfo Pesquera

4 minute read

September 07, 2022 | Texas Lawyer

ExxonMobil Attorneys Recover $71M Paid in Settlements of Environmental Lawsuits

Exxon expert witness, attorney Bernard McLaughlin, said, "Exxon faced significant and serious exposure in this case to a very, very large damage award by the jury," the opinion recites.

By Adolfo Pesquera

4 minute read

September 07, 2022 | Texas Lawyer

Lawyer and Netflix on Hot Seat Over Documentary on Court-Appointed Guardian

A three-judge panel concluded the episode maligns Barina as a guardian by leading viewers to believe she took advantage of a elderly but capable millionaire, wrongly sold his assets, and used his estate for personal gain.

By Adolfo Pesquera

4 minute read

September 06, 2022 | Texas Lawyer

Court Divided on Legal Malpractice: Judges Reverse $20M Judgment, Order 3rd Trial

The majority opinion, delivered Aug. 31 by Justice Amanda Reichek, took issue with a jury charge that states in part a that Terry would not have been required to prove the plaintiffs case' to designate Flaven as a responsible third party.

By Adolfo Pesquera

6 minute read

September 02, 2022 | Texas Lawyer

$48.5M Awarded: Houston Jury Finds Property Insurance Covers COVID-19 Losses

"Judges in other cases here and in other jurisdictions previously held that a virus could not cause damage as a matter of law, a precondition in many business interruption policies, including Baylor's," attorney Murray Fogler said.

By Adolfo Pesquera

4 minute read

September 02, 2022 | Texas Lawyer

In Case of First Impression, Baker Botts Gets Dismissal in Mass Tort Toxic Spill Case

"Whether CERCLA and the OPA both apply to a mixed spill is a question of first impression for the court," U.S. Magistrate Judge Dana Hanovice Palermo said.

By Adolfo Pesquera

3 minute read

September 01, 2022 | Texas Lawyer

Texas Federal Court OKs Seizure of Russian Oil Company's Boeing 737 Jet

Court documents showed that Moscow-based PJSC Lukoil owns the aircraft, and that it flew into and out of Russia in violation of sanctions.

By Adolfo Pesquera

3 minute read

September 01, 2022 | Texas Lawyer

Reversed: $1.37M Sanction Against Houston Lawyer in Dispute With IP Attorneys

Justice Charles A. Spain found Sheller's argument dispositive—the modified final judgment was void because it was signed after plenary power expired.

By Adolfo Pesquera

3 minute read

September 01, 2022 | Texas Lawyer

17 Texas Lawyers Disciplined for Embezzlement, Client Neglect and Other Complaints

One lawyer had numerous judgments brought against him in Texas district courts for his mishandling of trust accounts. He is believed to have absconded with more than $100 million, and is currently the subject of a Chapter 11 bankruptcy in the Western District of Texas.

By Adolfo Pesquera

8 minute read