5th Circuit Court

Appeals Court Overturns Sex Toy Ban, Setting Up Circuit Conflict

A federal appeals court decision overturning a Texas ban on the sale of sex toys wasn’t issued in time for retailers’ lucrative Valentine’s Day season. The decision will take effect when the New Orleans-based 5th U.S. Circuit Court of Appeals issues its mandate in March, the Houston Chronicle reports. In…

Feb 14, 2008 12:31 PM CST

Sixth-Highest Patent Verdict Reported

A federal jury in Texas has awarded a New Jersey radiologist $431.9 million in a suit against Boston Scientific Corp. for infringing his patent for a heart stent. Plaintiff Bruce Saffran has also sued Johnson & Johnson in another infringement suit related to stents, the Wall Street Journal reports. The…

Feb 13, 2008 4:54 PM CST

After 2 Months, Man Mistakenly Arrested Is Freed

After being flown in from Texas and held in a Florida jail for two months, protesting all the while that he was not the man authorities thought he was, the wrong Jose Garcia has finally been freed. Although he shares the name—and birthday—of the Jose Garcia that Miami-Dade authorities were…

Feb 12, 2008 8:33 PM CST

BP Pleads Guilty in Texas Refinery Explosion That Killed 15

A federal judge in Houston is one step closer to approving a criminal plea deal by petroleum giant BP concerning a 2005 explosion at a Texas refinery that killed 15 and injured more than 170. BP entered a guilty plea today, but U.S. District Judge Lee Rosenthal hasn’t yet decided…

Feb 5, 2008 12:03 AM CST

Vioxx Settlement Amended to Allow Attorney Advice to Clients

Attorneys overseeing a proposed $4.85 billion settlement with Merck & Co. over its withdrawn Vioxx drug have reportedly amended a controversial provision that could have required some plaintiffs’ lawyers to advise all or none of their clients to take the deal. Initially, some attorneys expressed concern about language barring lawyers…

Jan 18, 2008 11:12 PM CST

Lawyer Gets 6.5 Years, Fined $5.8M for False Diet Drug Claims

A Mississippi attorney has been sentenced by a federal judge to 6.5 years in prison and ordered to pay $5.8 million in restitution for pursuing baseless diet drug litigation on behalf of clients. Robert Arledge, 50, of Vicksburg was convicted in October of seven counts of conspiracy and wire fraud…

Jan 18, 2008 5:21 PM CST

More Details Emerge in Scruggs Bribery Case, Former Counsel Pleads

More details were revealed in court today concerning an alleged attempt by famed Mississippi personal injury attorney Richard Scruggs and four others to bribe a judge last year for a favorable ruling in a $26.5 million case involving Hurricane Katrina legal fees. Meanwhile, in a separate case in which Scruggs…

Jan 14, 2008 7:15 PM CST

Some Plaintiffs’ Lawyers Contest All-or-Nothing Vioxx Settlement

Several plaintiffs’ lawyers are opposing a controversial provision in a $4.85 billion Vioxx settlement that requires them to recommend the deal to all of their clients if at least one participates. In a motion filed Monday in New Orleans federal court, the lawyers say the requirement would prevent them from…

Dec 21, 2007 4:36 PM CST

Federal Judge’s Conduct Cited as Possible Grounds for Impeachment

A special court panel has found that U.S. District Judge Thomas Porteous of New Orleans has engaged in conduct that might constitute grounds for impeachment, including filing false statements with a bankruptcy court and accepting lawyer gifts. The report (PDF) by the Judicial Council of the 5th U.S. Circuit will…

Dec 21, 2007 12:17 PM CST

Suit Against PI Lawyer Disputes Fen-Phen Expenses

A class action lawsuit by former clients of Houston personal injury lawyer George Fleming and his law firm alleges the lawyers overcharged for expenses in a $29 million fen-phen settlement. The suit says Fleming & Associates improperly charged the fen-phen settlement plaintiffs for echocardiograms performed on clients that turned out…

Dec 17, 2007 11:34 AM CST

DOJ Investigating Federal Judge in Sexual Harassment Case

A federal judge who was suspended for four months in September for allegedly sexually harassing a female employee is now reportedly being investigated by the U.S. Department of Justice. However, Dick DeGuerin, a high-profile Houston defense lawyer representing U.S. District Judge Samuel Kent, says his client is cooperating and expects…

Dec 14, 2007 12:14 AM CST

Appeals Rulings Change Climate for Katrina Suits

A series of appellate rulings favoring insurance companies has worsened the outlook for homeowners who haven’t yet reached settlements to rebuild homes damaged by Hurricane Katrina. Earlier this year, the climate was better for Katrina lawsuits, the Wall Street Journal reports (sub. req.). In January, State Farm Insurance was ordered…

Dec 7, 2007 1:48 PM CST

Regent 2L Sues Over Suspension for Robertson Web Post

A Regent University law student has sued the school for suspending him after he posted an online photo of school president Pat Robertson with his middle finger extended. Robertson was scratching his face with his middle finger in the photo, posted on student Adam Key’s Facebook page, but the gesture…

Nov 30, 2007 7:41 PM CST

Lawyer Seeks Criminal Investigation of U.S. Judge for Sex Harassment

The lawyer for a woman who has accused U.S. District Judge Samuel Kent of sexual harassment is asking a federal appeals council to consider referring the matter to a body that has the power to recommend impeachment. Kent was reprimanded in September after the complaint of former case manager Cathy…

Nov 27, 2007 2:33 PM CST

BP Victims Blast ‘Shockingly Lenient’ Plea

Updated: More than a dozen victims of a 2005 Texas refinery explosion have blasted a planned criminal plea deal with BP and successfully sought the recusal of the federal judge in the case. The deal announced last month calls for BP to plead guilty to an environmental crime and pay…

Nov 21, 2007 4:37 PM CST