Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
August 10, 2022 | Texas Lawyer
Texas Public Utilities Commission Loses 2nd Case in Rural Telecom Subsidies DisputeWhat is at stake in these court challenges is the solvency of the Texas Universal Service Fund, a state account established by the Texas Legislature in 1997 to provide a subsidy to telecommunications firms that service high-cost and rural users.
By Adolfo Pesquera
6 minute read
August 09, 2022 | Texas Lawyer
$21M in Attorney Fees and Costs After Bracewell Lawyers Win Against IBMTrial evidence showed that to avoid paying BMC the required license fees, IBM decided to disregard its contractual obligations and undertake a complete replacement of BMC's software products at AT&T as part of a secret project, expecting that if challenged it could settle for "pennies on the dollar."
By Adolfo Pesquera
3 minute read
August 09, 2022 | Texas Lawyer
Houston Law Firm Sued for Malpractice Over Client's IRS Audit, Nearly $1.4M TaxThe Walravens sued the Shanks defendants for negligence, legal and professional malpractice, breach of fiduciary duties, and breach of contract.
By Adolfo Pesquera
3 minute read
August 08, 2022 | Texas Lawyer
Court Out of Sync? US 5th Circuit Splits 50-50 in En Banc Review of Arbitration Issue, Dissent Says 'Manifest Error'Judge Don Willett, a former Texas Supreme Court justice, delivered the original opinion, and it was his reasoning that the reading of the arbitration agreement had to comply with Texas law.
By Adolfo Pesquera
4 minute read
August 05, 2022 | Texas Lawyer
Court: No Avoiding Jurisdiction If Government Faces Damages From Emergency ActionThe case concerns a homeowners' association whose members allege damages from the city's decision to breach a dam in a desperate effort to mitigate flooding that the city had been experiencing from extended torrential rainfall.
By Adolfo Pesquera
4 minute read
August 05, 2022 | Texas Lawyer
Koch's Houston Lawyer Violated Rule in Attempt to Avoid Texas Jurisdiction, Court Finds"Triten Corporation is under siege from Koch Industries," and related defendants, said Lexie White in her brief for the plaintiffs before the First District.
By Adolfo Pesquera
4 minute read
August 04, 2022 | Texas Lawyer
New Criteria: Does Bankruptcy Trustee Have Standing to File Personal Injury Suit for Original Plaintiff?Moser v. Dillon Investments is one of just two recent cases to rely on a Texas Supreme Court 2020 ruling that clarified a distinction between a party's standing to sue versus their capacity to sue.
By Adolfo Pesquera
4 minute read
August 02, 2022 | Texas Lawyer
After Years of Delay, Houston Attorneys Optimistic About New RulingThe university relied on the reports of three local police departments, the state police and the FBI. Every law enforcement agency concluded Carter acted in good faith, but relied on Carter's statement to the exclusion of other evidence.
By Adolfo Pesquera
5 minute read
August 01, 2022 | Texas Lawyer
'Watch Me': 2 Lawyers Were so Moved by a Case that They Learned New Practice AreaReid Collins attorneys Keith Cohan and Ryan Goldstein typically handle financial fraud and other business torts, but the George Floyd killing so affected them they resolved to get involved in police brutality cases.
By Adolfo Pesquera
4 minute read
July 29, 2022 | Texas Lawyer
The 'Money Had Piled Up': Attorney/Musician Secures $45M in Unclaimed RoyaltiesThe trustees collected royalties on an annual basis that they were obligated to distribute to plaintiffs and the class and other Fund beneficiaries.
By Adolfo Pesquera
5 minute read
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