Sutherland Asbill & Brennan LLP Houston, TX Document Search Results (12)
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|TCPA Hot Issues: Is the Scope of Consent Unlimited?|
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
September 11, 2014, previously published on September 3, 2014What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone number to a company in connection with a specific transaction or...
|For Whom the Ring Tones: TCPA Litigation and the Insurance Industry|
Thomas M. Byrne, Thomas W. Curvin, Ellen M. Dunn, Juan C. Garcia, Cheryl L. Haas; Sutherland Asbill & Brennan LLP;
August 28, 2014, previously published on August 25, 2014Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated telephone dialing system—or that has independent or...
|Supreme Court of Texas Provides “Much-Needed Clarity” to Texas Spoliation Jurisprudence|
Robert A. Lemus, Robert D. Owen, Kent C. Sullivan, Carter L. Williams; Sutherland Asbill & Brennan LLP;
July 15, 2014, previously published on July 9, 2014On July 3, the Supreme Court of Texas issued a significant opinion in Brookshire Brothers, Ltd. v. Jerry Aldridge, No. 10-0846 (Tex. 2014), that clarifies the standards governing the spoliation of evidence in Texas as well as the parameters of a trial court’s discretion to impose a remedy...
|Texas Supreme Court Holds Cost to Remove Carbon Dioxide Injected in Enhanced Recovery Operations Is Properly Deductible from Royalties|
Sean D. Jordan, Stephanie E. Kinzel-Tapper, Carter L. Williams; Sutherland Asbill & Brennan LLP;
July 9, 2014, previously published on July 1, 2014On June 27, the Supreme Court of Texas issued an opinion in Marcia Fuller French, et al v. Occidental Permian Ltd., No 12-002 (Tex. June 27, 2014), a case closely followed by the oil and gas industry.1 In its unanimous decision and on an issue of first impression, the court declared that removal of...
|Supreme Court of Texas Finds Contractors Cannot Recover Delay Damages for Negligent Misrepresentation Against an Owner’s Architect in a Case That Highlights the Economic Loss Rule|
Lee C. Davis, Nkoyo-Ene Effiong, Juan C. Garcia; Sutherland Asbill & Brennan LLP;
June 24, 2014, previously published on June 23, 2014On June 20, Texas joined a number of states that apply the economic loss rule to damages claims arising from negligent misrepresentation between contractors and the owner’s architect. In LAN/STV v. Martin K. Eby Construction Company, Inc., No. 11-0810,1 the Supreme Court of Texas reversed the...
|Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in a Case That Highlights Risk of Failing to Plead Affirmative Defenses|
Matt Gatewood, Carter L. Williams; Sutherland Asbill & Brennan LLP;
June 23, 2014, previously published on June 17, 2014In a significant decision issued earlier this month, the Supreme Court of Texas held that the implied warranty of merchantability, unless properly disclaimed, passes to purchasers of used goods. The decision in Man Engines & Components, Inc. v. Shows, No. 12-0490, on appeal from the Court of...
|Texas Supreme Court Limits Fraud Claims by Terminated Employees|
David A. Baay, Thomas R. Bundy, Peter N. Farley, Sean D. Jordan, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
May 27, 2014, previously published on May 13, 2014In a case of first impression, the Supreme Court of Texas declared that at-will employees may not bring an action for fraud that is contingent on the promise of continued at-will employment. The Court also held that employees subject to a collective bargaining agreement are bound by the...
|EPA Sends Rule Amending Renewable Fuel Biogas Provisions to the White House for Final Review|
Susan G. Lafferty, David M. McCullough, Ram C. Sunkara, Shelley Wong; Sutherland Asbill & Brennan LLP;
May 27, 2014, previously published on May 20, 2014The Environmental Protection Agency (EPA) has sent amendments to the Renewable Fuel Standard (RFS) to the White House’s Office of Management and Budget (OMB) that would further incorporate the use of biogas into the RFS. OMB review is the last step before finalizing an agency rule—it is...
|Fifth Circuit Limits Pollution Liability|
David A. Baay, Rachel Giesber Clingman, Juan C. Garcia, Daniel Johnson, Sean D. Jordan; Sutherland Asbill & Brennan LLP;
February 27, 2014, previously published on February 26, 2014In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal waters. That means states and local governments cannot collect penalties...
|Federal Agencies Issue Final Volcker Rule|
Eric A. Arnold, Brian Barrett, Frederick R. Bellamy, James M. Cain, Jacob Dweck; Sutherland Asbill & Brennan LLP;
December 17, 2013, previously published on December 13, 2013On December 10, 2013, five federal agencies, including the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Securities and Exchange Commission, and the Commodity Futures Trading Commission (CFTC) issued the final Volcker Rule (the...