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December 16, 2013 | Texas Lawyer

PERSONAL INJURY: 'Stowers' and Multiple Defendants

The U.S. Court of Appeals for the Fifth Circuit's opinion in Pride Transportation v. Continental Casualty Insurance Co. (2013) clarifies the Stowers duties of an insurance carrier that's defending multiple defendants under one insurance policy, and it also gives plaintiffs additional Stowers leverage in many multidefendant cases.
4 minute read
December 16, 2013 | Texas Lawyer

LABOR AND EMPLOYMENT: But-For Standard

The most important development of 2013 in labor and employment law came in a Texas case that went to the U.S. Supreme Court, University of Texas Southwestern Medical Center. v. Nassar. In Nassar, the court held that the causation standard for a Title VII retaliation claim is a but-for standard, rather than a more lenient motivating-factor standard.
3 minute read
December 16, 2013 | Texas Lawyer

CRIMINAL LAW: Open-File Policy

The most important development in criminal law this past year was passage of the Michael Morton Act. The act was inspired by the recent exoneration of Michael Morton, who was wrongly convicted of his wife's murder. Morton spent more than two decades in prison and was freed after the release of exculpatory information found in the state's files.
3 minute read
December 16, 2013 | Texas Lawyer

SECURITIES LAW: Fraud on the Market

The U.S. Supreme Court is taking a hard look at a key foundation of securities class actions: the fraud-on-the-market doctrine. The stakes are high, as the fraud-on-the-market doctrine is crucial to class-action plaintiffs. Without it, individual issues of reliance and causation would dominate over common questions, and most securities cases would not qualify for class action treatment.
3 minute read
December 16, 2013 | Texas Lawyer

BANKRUPTCY: New Fee Guidelines

New guidelines effective in November may make it harder for lawyers to get paid for work representing debtors' or creditors' committees in large Chapter 11 bankruptcy cases.
3 minute read
Law Journal Press | Digital Book New Jersey Business Litigation 2025 Authors: Paul A. Rowe, Andrea J. Sullivan View this Book

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December 16, 2013 | Texas Lawyer

ENERGY: Accommodation Doctrine

In June, the Texas Supreme Court revisited the accommodation doctrine for the first time in 20 years. The court picked a prime time to do so, as horizontal drilling and hydraulic fracturing technologies have spurred a burst of development around the state.
3 minute read
December 16, 2013 | Legaltech News

Does Your Social Media Policy 'Read Like the Patriot Act'

Law firm social media policies should be specific, but those that border on the overbearing can do more harm than good.
2 minute read
December 16, 2013 | The Legal Intelligencer

The Legal Fight for Same-Sex Marriage

13 minute read
December 16, 2013 | Corporate Counsel

When It's Time to Fire That Star Employee

Sometimes your best employees can do bad things. Don't protect them, and know when to part ways.
2 minute read
December 16, 2013 | Corporate Counsel

CFPB Questions Corporate 'Payroll' Cards

MasterCard Inc. heeds the Consumer Financial Protection Bureau's warning to install consumer protection measures for workers using "payroll" cards to receive wages.
2 minute read

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