Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
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
July 11, 2024 | Texas Lawyer
U.S. 5th Circuit Questions Order on Electioneering Near Polling PrecinctsA rural county is being challenged over an order intended to curtail voter intimidation at polling sites, an order the Texas Municipal League claims complies with a Texas election law the U.S. Fifth Circuit already upheld.
By Adolfo Pesquera
4 minute read
July 10, 2024 | Texas Lawyer
Judge's Girlfriend Recants on Assault Charge: Suspension LiftedProsecutors contended that probable cause existed, but the motion to dismiss states "insufficient evidence to prove beyond a reasonable doubt" because the complainant was uncooperative.
By Adolfo Pesquera
2 minute read
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