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Maslanka Minute Author of Texas Lawyer's Field Guide Series, Mike Maslanka has a wealth of knowledge on labor and employment issues. Find out what Mike has to say about amendments to the ADA and "association claims" through the latest Maslanka Minute. 
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From the Experts: Wage and Hour Issues, Under the Covers
Few devoted time to work on wage and hour issues, which involve arcane federal regulations, U.S. Department of Labor opinion letters, and state laws that often impose stricter labor laws. Then, the employment law landscape began to shift.
Legal Mal/Negligence Suit Seeks Millions From Orrick L.A., London
Dallas' Highland Financial Partners LP and two related companies filed suit in state court on Jan. 25, alleging "legal malpractice/negligence" against Orrick, Herrington & Sutcliffe in connection with how Orrick handled a financial transaction. But Baker Botts partner Rod Phelan of Dallas represents the defendants.
Penn State Insurer Seeks to Limit Coverage in Sandusky Sex-Abuse Case
An insurance company covering Penn State has asked a Philadelphia court to declare it should not have to provide coverage or cover the university's defense costs in a lawsuit stemming from the Jerry Sandusky sex-abuse scandal unless the abuse in the underlying case started in what appeared to be a narrow time frame.
Discipline
One lawyer has resigned in lieu of discipline, another has been suspended for 18 months, and two others have been placed on probation, the State Bar of Texas reported recently.
International Arbitration in Franchising and Distribution
Franchising and distribution can benefit from the lessons learned by sovereign governments that seek to increase foreign investment within their borders. If you want foreign investment, whether you are a government or a distributor of goods and services, you need to provide a fair forum for resolving disputes.
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| Reversed and Remanded Yolanda Eisenstein of the Eisenstein Law Office in Dallas discusses seeking damages for the sentimental value of a pet. She's interviewed by senior reporter John Council.
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| 5TH U.S. CIRCUIT COURT OF APPEALS |
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TORTS
Fair v. Allen
(5th Cir. 02/03/2012)
The plaintiffs sued for damages allegedly sustained in a car accident. Plaintiffs' motion for partial summary judgment on liability was granted and a jury trial was conducted on damages, resulting in a verdict in favor of the plaintiffs for $38,500. Plaintiffs claim the district court should have granted their motion for new trial. In Louisiana, the diagnoses and opinions of a treating physician are entitled to more weight than are those of doctors who examined the plaintiff only for litigation purposes. The presumption does not give a treating physician unlimited credibility. The judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-30467, 02-03-2012.
INSURANCE LAW
National Casualty Co. v. Western World Insurance Co.
(5th Cir. 02/03/2012)
Two insurers sought a declaratory judgment from the district court that their policies did not cover the underlying suit. After the district court ruled that each insurer must provide primary coverage for the accident, both insurers appealed. While the duty to defend is triggered by a single alleged injury that falls within the scope of the coverage provision, exclusions negate the insured's duty to defend only when all of the alleged injuries that fall into the coverage provision are subsumed under the exclusionary provision. The district court's judgment is affirmed and remanded. 5th U.S. Circuit Court of Appeals, No. 10-41012, 02-03-2012.
CONTRACTS
Preston Exploration Company L.P. v. GSF L.L.C.
(5th Cir. 02/01/2012)
The appellants sued for specific performance of three purchase and sale agreements entered between the parties for the sale/purchase of certain oil and gas leases. The appellees were granted judgment based on the statute of frauds. Multiple writings pertaining to the same transaction will be construed as one contract. The district court's judgment is vacated and the matter is remanded. 5th U.S. Circuit Court of Appeals, No. 10-20599, 02-01-2012.
CRIMINAL PRACTICE
United States v. Greenough
(5th Cir. 02/02/2012)
The appellant pleaded guilty to two counts of possession with intent to distribute heroin. U.S. Sentencing Guidelines 2D1.1(a)(2) applies only when the second prong of the statute, i.e. that death or serious bodily injury results, is also part of the crime of conviction. The district court's application, though erroneous, was not plain error. The district court's ruling is affirmed. 5th U.S. Circuit Court of Appeals, No. 10-50567, 02-02-2012.
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TORTS
George v. Deardorff
(Tex.App. Dist.2 02/02/2012)
The appellant appeals from the trial court's dismissal of her defamation claims against the appellees on jurisdictional grounds. Jurisdiction is determined using a minimum contacts analysis; whether the defendants could ultimately be liable in the suit is irrelevant. The trial court's order is affirmed. Fort Worth Court of Appeals, No. 02-11-00173-CV, 02-02-2012.
CRIMINAL PRACTICE
McCallister v. State
(Tex.App. Dist.5 02/01/2012)
The appellant was convicted of alleged aggravated sexual assault of a child younger than 14 years of age. The question at voir dire, "What do you expect someone who's been a victim of this type of crime to look like?", is not an improper commitment question. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-10-01259-CR, 02-01-2012.
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BLOGS
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- Morning docket: Former TSU law students take grade dispute to court, gay marriage ban is judged unconstitutional and more.
- Change at the top: Baker Botts elects new managing partner.
- Sonogram smackdown: U.S. District Court Judge Sam Sparks pens order in controversial sonogram case.
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