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HTMLDallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent
David A. Baay, Maryann B. Zaki; Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 7, 2017, previously published on February 7, 2017
In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Earlier this week, the Dallas Court of Appeals reversed the jury verdict, ruling that there was...


HTMLU.S. Customs Aims to Increase Enforcement of the Jones Act
David A. Baay, Jacob Dweck, Susan G. Lafferty, David M. McCullough, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 20, 2016, previously published on July 20, 2016
In what could foretell a significant increase in the enforcement of the coastwise trade provisions of the Jones Act, U.S. Customs and Border Protection (Customs) announced on July 18 the creation of the National Jones Act Division of Enforcement (JADE). The Jones Act’s coastwise trade...


HTMLAdministration Signals Intent to Challenge Judicial Decision That Struck Down Fracking Rule as Unlawful
David A. Baay, Jim L. Silliman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 1, 2016, previously published on June 30, 2016
On June 24, the Obama Administration filed its notice of appeal to challenge last week’s federal court decision to strike down the newest regulation over hydraulic fracturing on federal and Indian lands by the Bureau of Land Management (BLM) as being “in excess of its statutory...


HTMLProposed Changes to Proposition 65: What It Means for Texas Businesses
David A. Baay, Maryann B. Zaki; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2015, previously published on March 23, 2015
If you’ve been to California recently, you likely returned with a heightened awareness of the dangers present in the products you consume and use on a daily basis. That is because in California, Proposition 65 requires businesses to notify California citizens about significant amounts of...


HTMLTexas 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;
Legal Alert/Article
May 27, 2014, previously published on May 13, 2014
In 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...


HTMLFifth Circuit Limits Pollution Liability
David A. Baay, Rachel Giesber Clingman, Juan C. Garcia, Daniel Johnson, Sean D. Jordan; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 27, 2014, previously published on February 26, 2014
In 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...