Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
August 17, 2022 | Texas Lawyer
A Court Divided: 5th Circuit Split on US Jurisdiction in Overseas Matters"It strains belief that the United States is really 'a distant or inconvenient forum' for NYK," Judge Elrod said of the majority's conclusion.
By Adolfo Pesquera
5 minute read
August 16, 2022 | Texas Lawyer
Judge Ho Calls Out Chief Judge for Allegedly Courting TotalitarianismA federal circuit judge, revisiting a case in which a citizen journalist was arrested for asking police questions, called out the chief judge of the U.S. Court of Appeals for the Fifth Circuit for courting totalitarianism.
By Adolfo Pesquera
5 minute read
August 15, 2022 | Texas Lawyer
DeLorean Motor Co. Sued for Alleged Trade Secrets TheftThe defendants were Karma employees and it was their task to design the new DeLorean under a program called Project 88.
By Adolfo Pesquera
4 minute read
August 12, 2022 | Texas Lawyer
Texas Defense Attorney's Conflict of Interest Lands Defendant a New Trial"It is not lost on us that the Government knew Sheperd's pretrial counsel was conflicted yet delayed informing the district court about it—for months." - U.S. 5th Circuit
By Adolfo Pesquera
4 minute read
August 11, 2022 | Texas Lawyer
What Litigators Charged: Bracewell's Fixed Rate Shaved $6 Million in Attorney Fees"The 2017 agreement resulted in an increasing discount, valued at approximately $6,011,560, to BMC over time." said U.S. Sr. District Judge Gray H. Miller
By Adolfo Pesquera
4 minute read
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