Legal Research

Amezcua v. Super. Ct. — Section 473 Does Not Authorize Attorney Fee Sanctions

The California Court of Appeal granted Karla Amezcua's petition for a writ of mandate, directing the San Diego County Superior Court to vacate a $25,000 attorney fee condition attached to leave to amend her complaint. The appellate court held that Code of Civil Procedure section 473 does not authorize an award of attorney fees as sanctions for pretrial motion practice, distinguishing it from sections 128.5 and 128.7, which do permit such awards. The trial court had sua sponte imposed the $25,000 payment condition to penalize delay and inefficiencies in Amezcua's efforts to amend her complaint; the Court of Appeal found this unauthorized.

Citizens Against Marketplace Apt./Condo Dev. v. City of San Ramon

The California Court of Appeal affirmed the trial court's judgment denying Citizens Against Marketplace Apartment/Condo Development's petitions for writ of mandate challenging San Ramon's approval of a 44-unit mixed-use housing project at the Marketplace Center. The appellate court rejected Citizens' arguments that the project conflicted with the city's general plan and zoning ordinance, finding substantial evidence supported the city's consistency determinations. The court also upheld the project's categorical exemption from CEQA under the infill development exemption (Guidelines, § 15332) and affirmed the trial court's post-judgment costs award to the city.

United States v. Simon - Impersonating DEA Agent Conviction Affirmed

The Fourth Circuit affirmed Khriy Sherrod Simon's conviction under 18 U.S.C. § 913 for impersonating a DEA agent. Simon detained and searched two women in a PetSmart parking lot while wearing a mask and bullet-proof vest, claiming he was conducting a law enforcement investigation. The court rejected Simon's challenge that the evidence was insufficient, finding the victims' testimony that he announced himself as "DEA" combined with his law enforcement attire was substantial evidence. The court also upheld exclusion of out-of-court statements as hearsay, finding any error harmless given the strength of the prosecution's case. Simon received a 33-month sentence.

AI Virtual Medical Advisor System With Adaptive Therapeutic Audio and Biometric Monitoring

The USPTO granted Patent US12609103B1 to inventor Michael P. Tabibian on April 21, 2026, covering an AI-driven system that creates personalized virtual medical and spiritual advisor avatars using deepfake technology, multimodal deep neural networks, natural language processing, and biometric monitoring. The virtual medical advisor analyzes unstructured electronic health records with BERT-based techniques while adapting communication based on real-time physiological data from sensors including EEG and photoplethysmography. The system additionally features gamification with cryptocurrency or NFT rewards, blockchain-based audit trails for HIPAA compliance, federated learning with differential privacy, 3D anatomical simulations for pharmacokinetics, and adaptive audio treatments in AR/VR environments, all optimized through reinforcement learning across 19 claims.

Hospital Room Monitoring Patent, Clinomic Medical, Apr 21

USPTO granted patent US12610442B2 to Clinomic Medical GmbH for a method combining presence monitoring and environmental monitoring in a hospital room. The system detects persons or devices via markers, measures environmental parameters, and controls a lighting array based on detection and measurement data. The patent contains 14 claims with CPC classifications H05B 47/115, G16H 40/67, and G16H 40/00. For manufacturers developing similar hospital room monitoring or IoT-based healthcare facility technologies, this grant establishes IP constraints that may require licensing consideration.

Fujifilm X-ray Patent Enables Real-time 3D Tool Tracking

USPTO granted patent US12599347B2 to FUJIFILM Corporation on April 14, 2026, for an X-ray imaging apparatus enabling real-time 3D position tracking of treatment tools during medical operations. The system uses two X-ray tubes—one stationary and one rotating along a circular orbit—to calculate three-dimensional tool positions without rotating the tube column. The patent names Isao Takahashi, Kazuki Matsuzaki, Keisuke Yamakawa, and Tadashi Nakamura as inventors.

US12599448B2 - Robot Surgical Control System - Beijing Surgery Robotics

The USPTO granted Patent US12599448B2 to Beijing Surgery Robotics Company Limited on April 14, 2026, covering an operation enabling control system and robot-assisted surgical device. The system uses a switch element and logic AND circuit to manage power flow to the automated driving system of a surgical robot, with the AND circuit receiving sensor status and control signals to determine switch activation. The patent contains 9 claims and was filed on December 27, 2019.

Patent US12599342B2 - Patient Falls Risk Notification System by Hill-Rom

The USPTO granted patent US12599342B2 to Hill-Rom Services, Inc. on April 14, 2026. The patent covers a patient request system including a tablet computer configured to display menu-based patient requests, a server to receive requests, and a notification device to display requests to caregivers. The system also incorporates patient falls risk notification and caregiver notes access functionality.

USPTO Grants AI Medical Imaging Patent to OMNI MEDSCI

The USPTO granted Patent US12599305B2 to OMNI MEDSCI, INC. on April 14, 2026. The patent covers 3D cameras or sensors as inputs to multi-modal generative artificial intelligence models trained on images or videos, using vision transformers with self-attention and positional encoding layers. The GAI performs data fusion combining 3D information with other sensor data and anomalous occurrence detection by detecting differences in images or videos that fall outside threshold values, while providing safeguards for privacy issues. The patent contains 7 claims and covers CPC classifications in A61B (medical measuring/diagnostics), G01J (optics/spectroscopy), G01N (chemical analysis), G16H (health informatics), and H01S (lasers).

Cleerly Cardiovascular Plaque Analysis Patent, Apr 14

The USPTO granted patent US12599352B2 to Cleerly, Inc. on April 14, 2026. The patent covers systems, devices, and methods for non-invasive image-based plaque analysis and risk determination using computer vision and machine learning to identify, diagnose, characterize, treat, and track coronary artery disease. Inventors are James K. Min and James P. Earls, with 20 claims in the granted patent.

OPTOS PLC Volumetric OCT Image Data Processing Patent Granted

The USPTO granted Patent US12599302B2 to OPTOS PLC on April 14, 2026, covering a method of processing volumetric C-scan OCT image data. The patent claims a technique for compensating axial displacements between B-scans caused by relative motion during OCT acquisition, using indicators of axial shift between adjacent B-scans to determine a first frequency component indicative of motion. The patent names inventors Praveen Ashok and Alan Anderson and contains 24 claims.

Koninklijke Philips N.V. Blood Perfusion Imaging Device Patent US12599310B2

USPTO granted Patent US12599310B2 to Koninklijke Philips N.V. on April 14, 2026, covering a device, method, and systems for imaging blood perfusion by combining widefield imaging and radial imaging to estimate signal source depth. The patent names Willem Verkruijsse, Mark Josephus Henricus van Gastel, and Age Jochem van Dalfsen as inventors, with an application filed December 7, 2021. The technology addresses signal ambiguity in existing photoplethysmography and speckle contrast perfusion imaging systems by providing more accurate combined imaging.

US12599319B2 - Electrochemical Medical Diagnostics Sensor

USPTO granted Patent US12599319B2 to B.G. NEGEV TECHNOLOGIES AND APPLICATIONS LTD., AT BEN-GURION UNIVERSITY on April 14, 2026. The patent covers an electrochemical sensor comprising a counter electrode, optional reference electrode, and array of multiple working electrodes, with at least one being a film-coated electrode using a film-forming material with a six-membered non-aromatic ring repeat unit. The invention includes a device for electrochemical detection (electrochemical tongue) and a method for detecting analytes. The patent contains 29 claims and was filed as Application No. 16618944 on June 4, 2018.

Regulatory Clarity De-Risks Commercial Space Investment

The article analyzes the fragmented U.S. mission authorization process across FAA, FCC, and CRSRA, which leaves novel space activities without a clear statutory home. OSC's March 2026 Space Commerce Certification introduces a 120-day review period, a four-part denial test, and presidential escalation, addressing authorization risk. Since 2015, over $66 billion has been invested in commercial space ventures, with regulatory uncertainty creating unpriceable risk for investors.

Star Wars Themes Teach Bar Exam Strategies

The American Bar Association published an educational article using Star Wars movie themes to teach bar exam study strategies. The piece draws parallels between the journeys of Star Wars characters and bar preparation, offering study tips such as sustained focus, active practice, structured preparation, and trusting one's training on exam day. The article is intended for law students preparing for the bar examination.

In Re S.S. v. Department of Human Services - Parental Rights Termination Reversed

The Supreme Court of Appeals of West Virginia reversed and vacated the Circuit Court of Randolph County's January 24, 2025 order terminating B.M.'s parental rights to S.S. The appellate court found the lower court abused its discretion by denying B.M.'s motion for a post-adjudicatory improvement period without proper consideration. The matter has been remanded for further proceedings consistent with the opinion. B.M. was incarcerated during the proceedings for third-offense driving revoked prior for DUI and had completed substance abuse recovery classes, parenting classes, and anger management courses while incarcerated.

John Moore v. United Coal Co. - Workers' Compensation CTS Appeal

The West Virginia Supreme Court of Appeals summarily affirmed the Intermediate Court of Appeals' decision upholding the Workers' Compensation Board of Review's rejection of John Moore's claim for bilateral carpal tunnel syndrome as non-compensable. Moore argued his eight years as an underground coal miner operating vibrating tools including jackhammers and roof bolters caused his CTS, supported by Dr. Kominsky's opinion linking the occupational environment to his condition. The Board of Review found Dr. Nabet's contrary opinion more persuasive, noting Moore's diabetes as a confounding condition per West Virginia Code of State Rules § 85-20-41.4. The Supreme Court found no reversible error in the Board's factual findings under the clearly wrong standard.

TESARO INC v ANAPTYSBIO INC - Anticipatory Breach Claim Dismissed

The Delaware Court of Chancery granted defendant AnaptysBio Inc.'s motion to dismiss plaintiff Tesaro Inc.'s anticipatory breach claim arising from a collaboration agreement governing dostarlimab (Jemperli). The court held that Tesaro failed to allege that AnaptysBio's October 7, 2025 notice letter conveyed repudiation with unequivocal, positive, and unconditional words or conduct as required under Delaware law. The court separately rejected AnaptysBio's anti-SLAPP argument, finding the defendant did not establish the required nexus between the anticipatory breach claim and protected activity since the claim arises from the alleged act of repudiation itself, not the October 7 letter.

European Patent EP4433476A1: Chromane Amidine Antibiotics, Merck, Apr 2026

The European Patent Office published patent application EP4433476A1 for chromane amidine monobactam antibiotics on April 15, 2026, designated Kind A1 (application published with search report). The applicant is Merck Sharp & Dohme LLC, with listed inventors CHEN, Helen, Y., DONG, Shuzhi, HU, Zhiyong, SU, Jing, YU, Tao, and ZHANG, Yong. The application claims pharmaceutical compositions comprising the disclosed chromane amidine compounds classified under C07D 417/14 for the treatment of bacterial infections, designated across 35 validation states including all EU member states, the UK, and additional European countries.

Syngenta EP4448534A1 Patent for Microbiocidal Compounds

The European Patent Office has published patent EP4448534A1 for Syngenta Crop Protection AG, covering microbiocidal bicyclic heterocyclic derivatives. The patent has been formally granted and published with IPC classifications C07D 495/04, C07D 513/04, and A01N 43/56. The patent is effective across 31 designated EU member states, with protection extending to the specific chemical compound compositions described in the application.

EP4433471A1: N-(2H-Indazol-5-yl)pyrazine-2-carboxamide Derivatives as HTT Modulators for Huntington's Disease

The EPO published patent application EP4433471A1 disclosing N-(2H-indazol-5-yl)pyrazine-2-carboxamide derivatives and similar compounds as HTT (huntingtin protein) modulators for the treatment of Huntington's disease. The applicant is CHDI Foundation, Inc., a nonprofit research organization focused on Huntington's disease therapeutics. The application covers novel chemical entities designed to modulate HTT function, with designated states spanning 32 European countries including DE, FR, GB, IT, NL, ES, PL, SE, and others under the EPC.

Nucleoside Compound for Feline Infectious Peritonitis, EP4328227A1

The European Patent Office published application EP4328227A1 on April 15, 2026, covering a nucleoside compound and its therapeutic application in the treatment of Feline Infectious Peritonitis (FIP). The applicant is Vigonvita Life Sciences Co., Ltd., with inventors LEI Yang, CAO Gang, and HU Rong. The application covers C07D 487/04 heterocyclic compounds and is designated across 31 European states including DE, FR, GB, IT, NL, ES, PL, and SE.

Cyclohexyl Beta-Hydroxy Alkyl Amines for Medical Use

Atrogi AB has published European Patent Application EP4405041A1 for cyclohexyl beta-hydroxy alkyl amines and medical uses thereof, with inventors Bengtsson and Pelcman. The application is filed under multiple IPC classifications spanning C07D and C07C organic chemistry compounds. The compound is classified under A61P 3/10, indicating potential anti-diabetic or metabolic therapeutic applications, and is designated across 37 European member states including Germany, France, the United Kingdom, Italy, Spain, and the Netherlands.

Incyte Quinoline KRAS Inhibitor Patent Publication, Apr 15, 2026

The EPO published patent application EP4415824A1 by Incyte Corporation on April 15, 2026, titled 'Quinoline Compounds as Inhibitors of KRAS.' The application covers quinoline derivatives as KRAS G12C inhibitors for cancer treatment, with 21 named inventors and IPC classifications spanning C07D 471/04, A61K 31/437, and A61P 35/00. The application is designated in all 31 EPC contracting states including Germany, France, the United Kingdom, and Italy. Pharmaceutical companies developing targeted oncology therapies should review this publication for freedom-to-operate considerations, noting that publication of the application does not yet confer granted protection and Incyte's claims remain pending.

Denali Therapeutics Parkinson's Patent, C07D 403/14

Denali Therapeutics Inc. obtained EPO publication of patent application EP4329763A1, titled 'METHODS FOR TREATING AND MONITORING PARKINSON'S DISEASE', classified under C07D 403/14 and published on 15 April 2026. The application designates all EU member states as covered contracting states. Three inventors are named: Danna L. Jennings, Vinay M. Daryani, and Sarah Huntwork-Rodriguez. Patent publications create no immediate compliance obligations but establish intellectual property rights that may affect freedom-to-operate assessments for competitors in Parkinson's therapeutics.

EP4329880A1 - Small Molecule Modulators of Glucocerebrosidase Activity

Vanqua Bio, Inc. has obtained publication of European patent application EP4329880A1 titled 'Small Molecule Modulators of Glucocerebrosidase Activity and Uses Thereof,' filed by inventors Kevin Hunt and Jianbin Zheng. The application covers C07D-classified small molecule compounds that modulate glucocerebrosidase activity, with potential neurological applications indicated by the A61P 25/16 classification. The EPO published the application with search report on 15 April 2026, designating all EU member states and extension states.

Dana-Farber HDAC Degrader Patent, Apr 15

The EPO published patent application EP4333842A1 for Class IIA Histone Deacetylase (HDAC) Degrader Ligands filed by Dana-Farber Cancer Institute, Inc., with inventors Fischer, Eric S., Xiong, Yuan, and Donovan, Katherine. The application covers compounds classified under A61K 47/55, C07D 413/14, C07D 401/04, and C07D 401/14, with designated states spanning all 31 EPC contracting states including DE, FR, GB, IT, NL, ES, PL, and SE. The therapeutic applications indicated include oncology (A61P 35/04) and neurological disorders (A61P 25/28), with compounds based on five-membered heterocyclic structures (A61K 31/4245).

Huyabio International SHP2 EGFR Combination Therapy Patent EP4334317A1

Huyabio International, LLC obtained EPO Publication EP4334317A1 on April 15, 2026, covering combination therapies comprising SHP2 inhibitors and EGFR tyrosine kinase kinase inhibitors for cancer treatment. The patent application was filed with IPC classifications including A61K31/519, C07D471/04, and A61P35/00, and designates all EU member states including AL, AT, BE, BG, CH, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR, HR, HU, IE, IS, IT, LI, LT, LU, LV, MC, MK, MT, NL, NO, PL, PT, RO, RS, SE, SI, SK, SM, and TR. Inventors include SHOJAEI Farbod, RICONO Jill M., GOODENOW Robert, and GILLINGS Mireille.

Cancer Treatment Methods Targeting Biallelic Loss of Function Mutations

European Patent Office published application EP4330426A1 for Repare Therapeutics Inc., covering methods of treating cancers having biallelic loss of function or gene overexpression mutations. The patent application includes chemical compound classifications under A61K, C07D, C12Q, and A61P categories, with a publication date of April 15, 2026. Designated states cover all current EPO member states including Germany, France, United Kingdom, Italy, Spain, Netherlands, and 24 other European jurisdictions.

Beigene PI3KDelta Inhibitor Salts and Crystalline Forms Patent Application EP4347598A1

Beigene Switzerland GmbH has obtained publication of European Patent Application EP4347598A1 covering salts of a PI3KDelta inhibitor, crystalline forms, and methods of preparation. The application was published April 15, 2026 under IPC classification C07D 487/04, with designated states spanning all 44 EPC contracting states including AL, AT, BE, BG, CH, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR, HR, HU, IE, IS, IT, LI, LT, LU, LV, MC, MK, MT, NL, NO, PL, PT, RO, RS, SE, SI, SK, SM, and TR. The therapeutic applications disclosed include anticancer (A61P 35/00), anti-inflammatory (A61P 29/00), and immunological disorder treatments (A61P 37/00).

USSC Proposes Amendment Implementing SAFER SKIES Act Unmanned Aircraft Guidelines

The United States Sentencing Commission has published a notice of proposed amendment to the sentencing guidelines in response to the SAFER SKIES Act (Title LXXXVI of the National Defense Authorization Act for Fiscal Year 2026, Pub. L. 119-60). The proposed amendment would create a new guideline at §3B1.6 (Use of Unmanned Aircraft) providing a tiered adjustment for offenses involving unmanned aircraft, and amend Appendix A (Statutory Index) to reference new offenses created by the Act. The Commission requests public comment by June 18, 2026.

Arkansas Receives $44M Tobacco Settlement Disbursement

The State of Arkansas received $44,414,444.95 as its annual proceeds from the 1998 Master Settlement Agreement (MSA). With this disbursement, Arkansas has now received a total of more than $1.47 billion in tobacco settlement funds since the agreement. The funds support health-related programs including the Arkansas Biosciences Institute, the Medicaid Expansion Program, the Tobacco Prevention and Cessation Program, and the Targeted State Needs Program.

Associate Attorney General Stanley E. Woodward Jr. Gives Remarks at TIMBER Working Group Roundtable

Associate Attorney General Stanley E. Woodward Jr. delivered remarks at the TIMBER Working Group Roundtable on April 24, 2026, framing illegal logging as the most profitable natural resource crime on the planet and the third most profitable transnational crime. The speech outlined three priorities of the Trump Administration: protecting Americans from transnational criminal organizations exploiting borders, reducing reliance on foreign supply chains for the American timber industry, and reducing regulatory burden in timber sales. Woodward invited stakeholders to collaborate on implementing federal initiatives to address these concerns.

Principal Deputy AG Gustafson Remarks at TIMBER Working Group on Timber Trafficking

Principal Deputy Attorney General Adam Gustafson of the Justice Department's Environment and Natural Resources Division (ENRD) delivered remarks at the TIMBER Working Group roundtable on April 24, 2026, outlining the Trump Administration's commitment to combating illegal timber trafficking. ENRD highlighted its prosecutorial priorities, resumed trade enforcement programming, and new intelligence analyst positions funded by the Office of the U.S. Trade Representative to support timber trafficking investigations. The remarks emphasized the global scale of the problem—illegal logging generates an estimated $52-157 billion USD annually—and called for collaborative enforcement to protect the domestic wood products industry, which loses approximately $500 million USD annually to trafficking.

DOJ Environmental Crimes Bulletin Lists 14 Cases, March 2026

The DOJ Environmental Crimes Section published its March 2026 monthly bulletin on April 24, 2026, summarizing 14 federal criminal cases across 12 districts. Cases include dog fighting and animal fighting ventures (Central District of California, 11th Circuit), exotic bird and reptile trafficking (Southern District of California, Northern District of West Virginia), pesticide smuggling (Eastern District of California), timber trafficking under the Lacey Act (Southern District of Florida), fraudulent asbestos training certificates and wire fraud (Southern District of Indiana), hazardous waste storage violations under RCRA (Eastern District of Kentucky, Eastern District of Missouri), animal crush video distribution and conspiracy (Southern District of Ohio, Western District of Pennsylvania, Southern District of Florida), seafood sales Lacey Act violations (Northern District of Texas), and reptile trafficking (Northern District of West Virginia).

United States of America v. Jason Anthony Dirks - Appeal Dismissed, Counsel Withdrawn

The Fifth Circuit dismissed the appeal of criminal defendant Jason Anthony Dirks after appointed Federal Public Defender counsel filed an Anders brief identifying no nonfrivolous issues for review. The court granted counsel's motion for leave to withdraw and excused counsel from further responsibilities. Dirks did not file a pro se response. The underlying case arose from the Northern District of Texas, USDC No. 2:25-CR-28-1.

World IP Day 2026 Highlights IP Role in Sports Innovation

The European Patent Office announces World IP Day 2026, celebrated globally on 26 April, with this year's theme 'IP and Sports: Ready, Set, Innovate' highlighting how intellectual property supports technologies, designs, and brands shaping modern sport. The EPO will launch a social media campaign in collaboration with national offices and WIPO to share inspiring stories about IP-driven sports innovation. The announcement encourages the public to follow EPO on LinkedIn, Instagram, Facebook, and X using the #WorldIPDay hashtag.

MONKEY HANGER Figurative Trade Mark Decision O/0346/26

Hearing Officer Ms L Fayter issued decision O/0346/26 dated 24 April 2026 concerning the MONKEY HANGER (figurative) trade mark covering goods in Classes 25, 30, and 33. The decision addresses grounds including Sections 5(1), 5(2) and 5(3) relating to likelihood of confusion, family of marks, dilution cases (reputation, link, unfair advantage of repute), Section 5(4) regarding earlier rights and relevant date, and revocation/proof of use requirements.

UKIPO Rejects Honor of Kings Trademark Challenge, 24 April 2026

UKIPO issued decision O/0344/26 on 24 April 2026 regarding a trademark challenge against HONOR OF KINGS (Figurative) and HONOR OF KINGS marks across Classes 09, 41, and 42. The decision was rendered by Hearing Officer Ms S Wilson, with grounds cited under Sections 5(1), 5(2), 5(3), and 5(4) of UK trademark law. Parties seeking to understand the outcome of this specific trademark challenge proceeding should consult the full decision.

CONVERSE Trademark Opposition, Ms Leisa Davies, 24th Apr

UK IPO Hearing Officer Ms Leisa Davies issued Decision BL Number O/0347/26 on 24 April 2026 concerning the CONVERSE trademark. The decision addressed opposition grounds under Sections 5(1), 5(2) and 5(3) covering both dilution by reputation and dilution by link, along with revocation and proof of use matters including genuine use dates and partial revocation for arriving at a fair description of goods and services. The trademark covers Classes 12 and 35. This is a final decision resolving the trademark challenge before the UK Intellectual Property Office.

DreamFunded Marketplace LLC and Fernandez FINRA Extension Order

The SEC granted FINRA an extension of time to respond to DreamFunded Marketplace LLC and Manuel Fernandez's renewed motion to stay FINRA expulsions, adopting Applicants' alternative request. FINRA must file its response by April 29, 2026, with Applicants' reply due by May 1, 2026. The underlying disciplinary action involved three independent expulsions of DreamFunded as a FINRA funding portal and three independent bars on Fernandez for association, based on violations of Commission Regulation Crowdfunding Rules and FINRA Funding Portal Rules.

Norman Thorn Robertson v. FINRA - Expungement Appeal Dismissed

The SEC dismissed Norman Thorn Robertson's application for review of FINRA's denial of his request to use FINRA's arbitration forum to expunge information about a 1994 NASD regulatory action from his CRD records. The SEC held that Section 19(d) of the Securities Exchange Act of 1934 authorizes review only when an SRO has prohibited or limited access to services it actually offers. Since Robertson failed to demonstrate that FINRA provides arbitration for expunging regulatory action information from the CRD, the SEC concluded it lacks statutory authority to hear the case.

DFPS Gender Transition Investigation Injunctions Vacated as Moot

The Supreme Court of Texas vacated three temporary injunction orders that had prohibited the Texas Department of Family and Protective Services from investigating reports of minors receiving puberty blockers and hormone therapy for gender transitioning. The court held that plaintiffs' claims for injunctive relief presented no live justiciable controversy because DFPS permanently closed its investigations and most of the children reached the age of majority while appeals were pending. The court reversed the court of appeals' judgments and dismissed the interlocutory appeals without reaching the constitutional merits of whether DFPS exceeded its authority.

Justice Young Dissent - Discovery Ruling - Warwick Construction Inc.

Justice Young of the Texas Supreme Court filed a dissent from the Court's denial of a petition for writ of mandamus in a construction dispute involving Warwick Construction Inc., Bustamante Construction, and DLC General Construction Services Inc. The dissent concerns the trial court's refusal to permit a limited reopening of discovery under Texas Rule of Civil Procedure 190.5(b). Justice Young argued the denial was premature and that the trial should be stayed pending resolution of the mandamus petition, warning that proceeding to trial risks reversible error and wasted judicial resources if relators' ability to present their case is compromised.

Bell Helicopter GARA Bars Suit Mandamus Granted

The Texas Supreme Court conditionally granted Bell Helicopter's petition for writ of mandamus, holding that the General Aviation Revitalization Act (GARA) bars the plaintiffs' claim because the alleged defect in the flight manual has not changed since the helicopter was delivered in 1997. The court clarified that GARA's 18-year clock restarts only when a 'new' part is 'alleged to have caused' the accident, and that revisions to a flight manual do not constitute a new part under the statute. The crash occurred in 2017, twenty years after initial delivery, and Bell successfully invoked GARA's statute of repose.