Bringing a lawsuit is often a relatively simple procedure. You identify the defendant and properly serve process on the person or organization (or, possibly both) who you believe to be responsible for the event that damaged...more
Ultra Vires and Immunity - On June 3, 2022, the Texas Supreme Court issued two important opinions on the topic of waiver of governmental immunity based on the doctrine of ultra vires. In the first–Van Boven–the Court...more
The Texas Whistleblower Act The Texas Whistleblower Act (Act) was adopted “amidst a growing sense throughout the country that ‘mismanagement in the public sector’” was a growing public concern, and that “employees who...more
This week, the Ninth Circuit addresses the United States’ immunity from suit for fire suppression efforts. ESQUIVEL v. UNITED STATES OF AMERICA - The Court held that the district court correctly dismissed plaintiffs’...more
On March 2, 2021, the North Carolina Court of Appeals ruled in Farmer v. Troy University that an Alabama university, which was operating an office in North Carolina was entitled to sovereign immunity and was therefore immune...more
Late last week, the Federal Circuit issued Power Integrations, Inc. v. Semiconductor Components Indus., LLC and Regents of the Univ. of Minnesota v. LSI Corp. These two precedential decisions bring further clarity to who is...more
Last month, the North Carolina Court of Appeals released its decision in Meinck v. City of Gastonia, — S.E.2d —, 2019 WL 114054 (N.C. Ct. App. Jan. 2, 2019), holding a policy exclusion to be ambiguous because of poor drafting...more
Bad grammar can lead to an adverse coverage decision – that’s the lesson one insurer (and its insured) learned the hard way when the NC Court of Appeals held that an incomplete sentence and improper grammar in an insurance...more
A June 1, 2018, Supreme Court of Texas (“Court”) opinion addressed whether a Texas municipality enjoyed governmental immunity from a terminated lakefront lessee’s lawsuit. See Wasson Interests, LTD, v. City of Jacksonville,...more
In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground...more
Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more