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City of Houston seeks relief from Texas Petrochemicals, Inc
- Gardere Wynne Sewell LLP
- -
- USA
- -
- February 26 2008
The Texas Petrochemicals, Inc. facility located near the Houston Ship Channel is the target of a recent lawsuit by the City of Houston stemming from two emissions incidents in 2006
Fourth Circuit sends CWA citizen suit back to district court
- Gardere Wynne Sewell LLP
- -
- USA
- -
- February 26 2008
In December 2003, a South Carolina district court entered an order awarding civil damages to an environmental group in a Clean Water Act citizens suit addressing discharges from Gaston Copper Recycling Corp.’s facility under a NPDES permit
Jurors side with railroad tie factory
- Gardere Wynne Sewell LLP
- -
- USA
- -
- February 26 2008
On Feb. 11, 2008, a jury in the 96th Judicial District Court of Tarrant County, Texas returned a verdict finding that Burlington Northern Sante Fe Railway Company (BNSF) was not responsible for the plaintiff’s stomach cancer
A crack in the construction industry's statute of repose armor?
- Gardere Wynne Sewell LLP
- -
- USA
- -
- April 11 2008
The Texas statute of repose (Tex. Civ. Prac. & Rem. Code 16.008(a)) requires that a plaintiff file suit "not later than 10 years after the substantial completion of the improvement or the beginning of operation of equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment."
Antitrust laws limited to initial stock offerings - Credit Suisse Securities v Billing
- Gardere Wynne Sewell LLP
- -
- USA
- -
- July 23 2007
The plaintiffs in this class action suit claimed that several of the nation’s largest underwriting firms entered into illegal contracts with purchasers of securities distributed in initial public offerings, and that through these contracts, the underwriting firms grossly inflated the price of the securities after the IPOs in the so-called aftermarket
Supreme Court upholds CBA arbitration clause for age discrimination claims
- Gardere Wynne Sewell LLP
- -
- USA
- -
- May 27 2009
On April 1, 2009, in a victory for unionized employers, the Supreme Court upheld an arbitration clause in a collective bargaining agreement (CBA) requiring employees to arbitrate ADEA claims
Supreme Court of Texas lightens standard for non-competes
- Gardere Wynne Sewell LLP
- -
- USA
- -
- May 27 2009
Covenants not to compete traditionally have been difficult to enforce in Texas
Vertical price restraints reevaluated
- Gardere Wynne Sewell LLP
- -
- USA
- -
- July 23 2007
Just days ago, the United States Supreme Court abandoned its longstanding and absolute ban on agreements between suppliers and dealers that set the price at which dealers may resell a product
Predatory buying pondered Weyerhaeuser Co. v. Ross-Simmons Harwood Lumber Co., Inc.
- Gardere Wynne Sewell LLP
- -
- USA
- -
- July 23 2007
Ross-Simmons, a sawmill, filed suit under 2 of the Sherman Act, alleging that Weyehaeuser Co. drove it out of business by bidding up the price of saw logs to a level that prevented Ross-Simmons from being profitable
General contractors beware: OSHA multi-employer citation policy alive and well
- Gardere Wynne Sewell LLP
- -
- USA
- -
- May 27 2009
In a decision with significant implications for construction companies, the Eighth Circuit Court of Appeals in Secretary v. Summit Contractors affirmed OSHA's ability to issue citations to employers under the Multi-Employer Citation Policy, even when they did not create a worksite hazard and even when the employer's own employees are not exposed to the hazard
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