Most Viewed Decisions

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

BENJAMIN OROZCO, Plaintiff-Appellee, v. CRAIG PLACKIS, Defendant-Appellant.

The appellant owns a franchisor of restaurants. An employee, claiming violations of the Fair Labor Standards Act sued the owners of a franchise, who settled, and the appellant. The appellee failed to produce legally sufficient evidence to satisfy the economic-reality test and thus failed to prove that the appellant was his employer under the FLSA. The magistrate judge's denial of judgment as a matter of law is reversed and rendered. 5th U.S. Circuit Court of Appeals, No. 13-50632, 07-03-2014

Practice Areas: Labor and Employment

SUPREME COURT OF TEXAS

LUBBOCK COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT AND TOMMY FISHER, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE BOARD OF DIRECTORS OF THE LUBBOCK COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT, PETITIONERS, v. CHURCH & AKIN, L.L.C., RESPONDENT

The appellant, a water district, appeals the court of appeals' decision upholding the trial court's denial of its plea to the jurisdiction. The appellee alleges that the water district wrongfully terminated its lease of a marina. Although the lease generally prohibited the lessee from using the property for any purpose other than operation of a marina, the lessee did not agree to provide marina-operation services or any other goods or services to the governmental entity. Texas Local Government Code Chapter 271 therefore does not waive the governmental entity's immunity from suit, the lessee's claims for lack of jurisdiction are dismissed. Texas Supreme Court, No. 12-1039, 07-03-2014

Practice Areas: Contracts

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

UNITED STATES OF AMERICA, ex rel. RENE SHUPE, Plaintiff - Appellee v. CISCO SYSTEMS, INCORPORATED; AVNET, INCORPORATED; CALENCE, L.L.C., also known as Insight Enterprises, Incorporated, Defendants - Appellants

The defendant telecommunication companies appeal of the denial of a motion to dismiss for failure to state a claim under the False Claims Act. The appellants contend that the FCA causes of action must be dismissed because the Universal Service Administrative Company is not a government body or funded with government dollars, and the alleged actions taken by defendants do not constitute false claims under the FCA. That the Federal Communications Commission maintains regulatory supervision over the E-Rate program -- administered by USCA -- does not affect Congress' decision, embodied in the program's independent structure, to externalize the cost of administering the program to a private entity. Because there are no federal funds involved in the program, and USAC is not itself a government entity, the government does not provide any portion of the requested money under the FCA. 5th U.S. Circuit Court of Appeals, No. 13-40807, 07-07-2014

COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON

HALLIBURTON COMPANY, Appellant v. KBR, INC., Appellee

The appellant challenges the trial court's order denying its application to compel the appellee to arbitrate all aspects of the dispute before a single accounting referee, as provided in the parties' Tax Sharing Agreement. Despite ordering arbitration to proceed under the Master Service Agreement, the trial court specifically denied the appellant's asserted contractual right to arbitrate under the terms of the TSA; the trial court's order is appealable under Federal Arbitration Act ยง16. The MSA and the TSA must be harmonized and construed together as one contract. When the agreements are read as one contract, entered into to effectuate a singular transaction, the TSA's silence regarding arbitrability reinforces the application of the MSA's arbitrability clause to arbitration sought under the TSA. The trial court's order denying the motion to compel is affirmed. Houston's 1st Court of Appeals, No. 01-12-00949-CV, 09-11-2014

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR)

COURT OF CRIMINAL APPEALS OF TEXAS

CAMERON MOON, Appellant v. THE STATE OF TEXAS

COURT OF APPEALS OF TEXAS, THIRTEENTH DISTRICT, CORPUS CHRISTI - EDINBURG

IN RE STATE FARM LLOYDS, RICHARD FREYMANN, AND EDUARDO WEIGEND

COURT OF APPEALS OF TEXAS, EIGHTH DISTRICT, EL PASO

WHATABURGER RESTAURANTS LLC, Appellant, v. YVONNE CARDWELL, Appellee.