Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
July 25, 2024 | Texas Lawyer
Deeply Divided Court: Judges Disagree on Telecom Subsidies in FCC CaseIn Consumers' Research v. FCC, plaintiffs argue Congress violated the U.S. Constitution by allowing the FCC to subdelegate the collection of funds to a private company.
By Adolfo Pesquera
5 minute read
July 25, 2024 | Texas Lawyer
Meet the Texas Lawyers Behind the Wellhead Trade Secrets DisputeIWS and Downing are direct competitors in the market of systems and methods for controlling hydraulic fracturing operations.
By Adolfo Pesquera
4 minute read
July 23, 2024 | Texas Lawyer
King & Spalding Secures Path for Client's $75.4M Claim on Polyethylene Plant ProjectTexas law does not provide injunctive relief to preclude payment on a letter of credit for contractual disputes, 14th Court of Appeals Justice Frances Bourliot said.
By Adolfo Pesquera
4 minute read
July 22, 2024 | Texas Lawyer
New AI Legal Ethics Rules Coming: Texas State Bar Drafting Recommendations on Artificial IntelligenceThe 2023 state bar president, Cindy Tisdale, mandated the project last summer and the taskforce's interim report was submitted to the Committee on Disciplinary Rules and Referenda.
By Adolfo Pesquera
4 minute read
July 19, 2024 | Texas Lawyer
Live Nation's CEO Avoids Deposition in Multidistrict LitigationMichael Rapino isn't being deposed just because he's CEO of Live Nation; (Defendants) don't want to bother with the inconvenience of giving a deposition and Rapino wants to be free to travel, Astroworld Festival plaintiffs allege.
By Adolfo Pesquera
3 minute read
July 18, 2024 | Texas Lawyer
Kirkland Client Dodges $60 Million Fraud Claim With Summary JudgmentPlaintiff's fraudulent inducement and breach of contract claims ignored the defendant's contract right to walk away from the deal by forfeiting its $3 million deposit, Kirkland & Ellis attorneys told the court.
By Adolfo Pesquera
3 minute read
July 18, 2024 | Texas Lawyer
'Draconian' Voter Disenfranchisement Law Upheld by U.S. Fifth Circuit"We reject that result because the U.S. Constitution cannot properly be so interpreted," the court majority said. "The Supreme Court ruled that the Equal Protection Clause does not bar states from permanently disenfranchising felons."
By Adolfo Pesquera
5 minute read
July 16, 2024 | Texas Lawyer
U.S. Fifth Circuit Allows Class Action Certification in 401(k), Benefit Plans Fees DisputeThe trial court did not abuse its discretion in certifying the class action, but on remand should allow non-party potential plaintiffs to opt out, the U.S. Fifth Circuit ruled.
By Adolfo Pesquera
4 minute read
July 15, 2024 | Texas Lawyer
A Case That Could Impact Insurers' Duty to Defend Is Headed to Texas Supreme CourtA court of appeals ruled an excess policy did not unambiguously exclude defense costs for the insured, a Houston oil drilling services company involved in a personal injury settlement.
By Adolfo Pesquera
3 minute read
July 12, 2024 | Texas Lawyer
Marathon Oil to Pay Largest Ever Penalty for Stationary Source Air PollutantsMarathon Oil, while denying liability, agreed to a settlement with the Justice Department, paying a $64.5 million civil penalty and investing $177 million to bring company emissions facilities into EPA compliance.
By Adolfo Pesquera
4 minute read