The plaintiffs in Elson v. Black brought a putative class action against the manufacturers of the …
What A FAPE Really Is
This blog entry discusses just what is an IDEA FAPE anyway. It is a Sixth Circuit published decided on January 4, 2023, in the case of Doe v. Knox County Board of Education, here. As usual the blog is
Monetized Installment Sales Make the IRS’s “Dirty Dozen” List for the Second Straight Year
The IRS has for the second time in as many years included monetized installment sales on its annual …
Open and Obvious Sprinkler
Thanks to diversity jurisdiction, the Fifth Circuit reviews some fundamental state-law tort issues along with its loftier docket of …
Trial Lawyer Lessons From Serving on a Jury
“Wait, you were on a jury? I thought lawyers always get struck from the jury.” That’s a common misconception. Truth is, lawyers can and do serve on juries. Sometimes.
In Texas, where I have a civil litigation practice focused on
Hurry up, FERC.
An exasperated Fifth Circuit granted mandamus relief to require FERC to explain significant delay in a nuclear-power rate …
“It’s Turtles All the Way Down” – FTC Focuses on AWS Security
This week, let’s look at a recent Consent Order between the Federal Trade Commission (FTC) and ed tech platform …
Frequently Asked Questions About Texas ABLE Accounts
Barrack Obama signed the Achieving a Better Life Experience “(ABLE”) Act into on December 19, 2014. It requires each state to pass its own ABLE Act. Governor Greg Abbott signed the Texas ABLE Act on June 19, 2015.
The ABLE
Who Bears the Burden of a Newly Discovered Non-Participating Royalty Interest?
The question in Brooke-Willbanks v. Flatland Mineral Fund LP, et al was which party to a Texas mineral deed would bear the burden of two previously reserved nonparticipating royalty interests.
The facts
Kay Brooke-Wilbanks owned a 45/100 mineral interest in
Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
Sometimes you have a blog entry all ready to go in your mind. You are even rehearsing the outline of it in your mind. However, something then intervenes and you feel compelled to blog about something else. This is exactly