A recent order from the United States Bankruptcy Court for the Southern District of Texas (the “Court”) allowed a debtor to reopen a completed auction based on a significantly more attractive, but untimely, bid. The late bid...

On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs everywhere to use caution when applying...

On January 5, 2022, the Fifth Circuit handed down yet another win for insurers, joining the Second, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh circuits in interpreting a “physical loss of property” to require a tangible...

After Skechers began selling open-back women’s shoes under the name “Commute Time” in August 2018, Easy Spirit, owner of the mark TRAVELTIME for similar shoes, sued Skechers in April 2019 for trademark and trade dress...

When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court of Appeals for the Fourth Circuit...

After the firestorm caused by the train wreck Mantha ruling it is so refreshing to be...