Navigating The New Texas Business Court

The Texas Legislature has created a new court handling complex commercial disputes in the Lone Star State.

The Texas business court has jurisdiction in two main categories of cases. First, the new court has jurisdiction in certain actions where the amount in controversy is over $5 million or a publicly traded company is involved. These actions include: derivative proceedings, actions regarding a business’s governance and internal affairs, actions asserting a securities or trade regulation claim against a […]

By | June 10th, 2023 ||

Sheehan And Arline Obtain Motion To Dismiss With Prejudice In Wrongful Death Suit

Noelle Sheehan (Partner-Orlando) and Kathy Arline (Associate-Orlando) obtained a dismissal with prejudice from the Fifth Judicial Circuit, Sumter County, FL, in a wrongful death lawsuit against Wilson Elser’s clients, an assisted living facility (ALF), its administrator, and the facility’s operations, management and ownership entities. The 60-page complaint alleges wrongful death, breach of fiduciary duty, and aiding and abetting the breach of fiduciary duty involving an ALF resident allegedly injured and ultimately succumbing to her […]

By | June 8th, 2023 ||

Supreme Court: False Claims Act Liability Depends On Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel. Schutte, the United States Supreme Court held that, to impose liability on an employer for “knowingly” submitting a false claim to the government for payment, it is sufficient for the plaintiff to prove that the employer knew or suspected that the submission was false, even if an objectively reasonable person may have known or believed otherwise. Reviewing two FCA decisions of the Seventh Circuit, the Court […]

By | June 6th, 2023 ||