The doctrine of standing is a fundamental aspect of federal court jurisdiction which "limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong." A plaintiff bears the burden of establishing […]
This case began in July 2011 when 73 retired professional football players sued the NFL for failing to protect them from the chronic risk of head injuries in football. The NFL removed the case to federal court and more lawsuits followed. In January 2012 […]
Like many other Ponzi schemes, R. Allen Stanford’s operated by selling Certificates of Deposit and paying an initial group of victims a high return using subsequent investors’ money, all the while taking large portions of the investment funds […]
By now, it is no secret that the energy industry has been ravaged. Every street corner with a gas station displays a reminder of sagging oil prices. And if $30 per barrel oil was not bad enough, energy companies have another woe to add to the list— […]
In 2013, in the Edwards Aquifer Authority v. Glenn and JoLynn Bragg decision, the Texas Fourth Court of Appeals, for the first time in Texas history, ruled that the regulation of groundwater violated a property owner's rights under the Texas Constitution […]
In Campbell-Ewald Co. v. Gomez, the Supreme Court recently decided a previous split between the Federal Circuit Courts. Specifically, the Court considered the issue whether a case is moot and beyond the judicial power of Article III of the Constitution […]
On January 7, 2016, the Fifth Circuit adopted a presumption in favor of retaining federal jurisdiction in class actions removed under the Class Action Fairness Act ("CAFA"). The decision is good news for class action defendants. It places the […]
Tom Ciarlone, Director in KRCL's Houston office, weights in on the recent Marathon Oil court victory in a Houston Business Journal Article.
Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code […]
Conducting background checks is both a necessary and risky venture that employers take on when hiring and retaining employees. Employers are increasingly finding themselves in litigation challenging the use of background checks as part of the screening […]
Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code […]
On September 22, 2015, the Texas Supreme Court will hear oral argument in the case J&D Towing, LLC v. American Alternative Insurance Corporation, and the ruling could potentially have drastic effects upon how insurers handle and value property damage […]