Civil Procedure

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News & Analysis as of May 23, 2013

Pa. Supreme Court Issues Decision in Butler Case

by Michael Connelly | Spilman Thomas & Battle, PLLC on 5/2/2013

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

by Tad Macfarlan, David Overstreet, Bryan Rohm, Craig Wilson | K&L Gates LLP on 1/24/2013

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

by Saul Ewing LLP on 8/28/2012

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Texas Supreme Court Holds That an Electric Company Can Condemn Public Property Over Governmental Immunity Objection

by Jackson Walker on 6/26/2012

The Texas Supreme Court issued an opinion on Friday, June 22,2012, in Oncor Electric Delivery Company, LLC v. Dallas Area Rapid Transit and Fort Worth Transportation Authority (Cause No. 11-0079)— holding that a recent change...more

Judge Reverses Own Decision to Extend the Texas Sales Tax Manufacturing Exemption to Include Oil and Gas Extraction Equipment

by Bracewell & Giuliani LLP on 5/3/2012

On April 11, 2012, Judge John Dietz issued a ruling from the bench in Southwest Royalties, Inc. v. Combs, Case D-1-GNU-09-004282 (Travis County 250th Dist. Ct.) to extend the Texas sales tax exemption for manufacturing...more