(5th Cir.) - On a matter of first impression, obtained mandamus relief from district court’s denial of a motion to reconsider Multidistrict Litigation court’s denial of forum non conveniens motion, and denial of opposing party’s petition for a writ of certiorari in the United States Supreme Court (5th Cir.) - Successfully argued before the Fifth Circuit Court of Appeals, winning unanimous reversal and remand on complex tax issue of first impression involving research and development tax credits authored winning brief on remand Won and upheld summary judgment in bankruptcy court, federal district court, and the Fifth Circuit Court of Appeals on behalf of an independent oil and gas company on title claims related to leases and wells in the Barnett Shale
Fifth circuit court of appeals dallas code#
(5th Cir.) - Successfully defended a district court ruling that a provision of the Texas Alcoholic Beverage Code requiring one-year of residency to receive a mixed-beverage permit was invalid under the Dormant Commerce Clause (5th Cir.) – Won vacatur of a preliminary injunction issued under the Endangered Species Act and National Environmental Policy Act that prevented operation of Lydia Ann Channel Moorings LLC’s barge facility Tex.) – Obtained affirmance of dismissal of RICO, conspiracy, tortious interference, and defamation claims against local newspaper and its employees and owner Riddle handled oral arguments.(5th Cir.) (E.D. Beazley is represented by Michael Keeley and John Riddle of Clark Hill Strasburger’s Dallas office. Gray Reed & McGraw represented National Union Fire Insurance Company of Pittsburgh, and the team includes Darin Brooks and Kristen Kelly of Houston and Kenneth Stone and Trenton Patterson of Dallas. Dallas attorney Cort Thomas from Brown Fox also represents RealPage. Its team included Vincent Morgan Tamara Bruno, Elizabeth Dye from the firm’s Houston office and Barry Fleishman of Washington, D.C., who also handled oral arguments. RealPage was Pillsbury Winthrop Shaw Pittman. And, crediting RealPage’s argument that it could nonetheless ‘hold’ the funds’ without ‘possessing’ them, RealPage did not control the lost funds, either, notwithstanding the routing instructions it provided to Stripe.” “To recap, RealPage never possessed its property manager to clients’ funds that got caught in the phishers’ net. “RealPage’s proposed dictionary definitions that actually relate to holding property ultimately distill to possessing the property, not merely being able to direct someone else to do something with it,” Judge Wilson wrote for the panel.
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RealPage argued that “control” rather than “possession” properly defined hold, but the court did not agree. The weight of RealPage’s reimbursement weighed on which of the seven definitions of “hold” the Fifth Circuit agreed with from Black’s Law Dictionary.
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The phishing expedition occurred after a RealPage employee clicked on a fake link that purported to be from Stripe and provided login information for RealPage’s account with Stripe. Instead, the court ruled, they were held by RealPage’s third-party payment processor, Stripe. In a 10-page opinion, the court ruled that RealPage was not covered by its insurance because it never “held” the diverted funds, siding with the insurer’s argument that phished funds were not covered losses because RealPage never “held” them. The ruling by the appeals panel, which included Chief Judge Priscilla Owen and Circuit Judges Cory Wilson and Edith Jones, was a win for the National Union Fire Insurance Company of Pittsburgh and Beazley Insurance Co. A federal appeals court Wednesday held that Richardson-based property management-software company RealPage, a recent victim of a phishing expedition, cannot recover $6 million in stolen funds from its insurer, which affirmed a lower-court ruling that reached the same conclusion.