|Texas Apartment Association Files Amicus Brief in U.S. Supreme Court Fair Housing Act Case|
Peter Hansen, Sean D. Jordan, Robert A. Lemus, Kent C. Sullivan; Sutherland Asbill & Brennan LLP;
December 10, 2014, previously published on November 25, 2014The U.S. Supreme Court will review a Fair Housing Act case to address whether the Act prohibits facially neutral conduct that has an unintended disparate impact on members of a protected class. In its amicus curiae brief, the Texas Apartment Association (TAA) argues that the text and history of the...
|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...
|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...
|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...