News & Publications

The Texas Third Court of Appeals has offered guidance on the use of dealer incentive programs (DIPs) under the Texas Occupations Code (TOC). In Star Houston, Inc. v. Volvo Cars of North America, LLC and the Board of the Texas Department of Motor Vehicles, Star Houston, Inc. (Star), a local Volvo dealer, and Volvo Car USA, LLC (Volvo), the brand's U.S. distributor, had a dispute over the termination of Star's local franchise. Star claimed Volvo's DIPs [...]

The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), which provides treble damages and attorneys' fees, to assist enforcement of an international arbitral award where the defendant attempts to frustrate enforcement of the award in the United States. On June 22, 2023, in a 6-3 opinion in Yegiazaryan v. Smagin and CMB Monaco v. Smagin, the Court held that a foreign plaintiff suing under RICO [...]

This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act ("CAFA") in a removed case where a defendant's notice of removal alleged the prerequisites for CAFA jurisdiction. MOE V. GEICO INDEMNITY COMPANY, ET AL. The Court holds that satisfaction of CAFA's amount-in-controversy requirement was not evident from the face of the plaintiff's complaint or the nature of the case and that defendant had [...]