Kean Miller

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The exception swallowed the rule. The Fifth Circuit essentially overruled the judicially-created voluntary-involuntary limitation to remove a case post-suit based on federal diversity jurisdiction in Advanced Indicator and Manufacturing, Inc. v. Acadia, 50 F.4th 469, 474 (5th Cir. 2022). Accordingly, this means that if you represent a diverse defendant in a state court case,…

The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) and the Jones Act are the two statutory recovery schemes available to injured maritime workers. Under the Jones Act, a “seaman” is entitled to recover certain damages from his Jones Act employer. Under the LHWCA, a “longshoreman” recovers under a federally managed workers’ compensation program. The Jones…

Effective today, July 1, the NCAA has officially suspended the organization’s rules prohibiting athletes from selling the rights to their names, images, and likenesses (“NIL”). Despite the NCAA’s longstanding principles that payments to athletes while attending college would undermine amateurism of college athletics, the organization’s Division I board of directors decided Wednesday that it would…

Originally published in the Ark-La-Tex Association of Professional Landmen Register

Carbon capture and storage (“CCS”) is the process of capturing carbon dioxide emissions from large point sources, and then transporting it to a storage location for deposit in underground formations where it will not re-enter the atmosphere.  By returning CO2 emissions that resulted from the…

Unlike many states on the Pacific and Atlantic costs, Texas’ probate process is quicker and comparatively cost efficient.  In fact, Texas offers a several abbreviated probate process (e.g. independent administration, muniment of title, small estate affidavits) that require only limited filings and usually a single brief hearing in order to transfer the property to the…

Many clients ask, “How do I keep my house from going into probate when I die?”  A Transfer on Death Deed (“TODD”) is one way to do this.

What is a TODD?  In 2015, Texas enacted Chapter 114 of the Texas Estates Code, which created and authorized the TODD.  Its main purpose is to allow…

The upcoming election and concern regarding potential changes have people asking questions about what they can do in 2020 to blunt the impact of a future change in the tax law.  One strategy for people with significant assets will be to give property away while the current tax laws are in place.

As many already…

On April 27, 2020, Governor Abbott issued Executive Order GA-18, implementing Phase I to reopen Texas, beginning May 1, 2020. In addition to confirming that “essential services” shall continue to operate as they have, GA-18 provides guidance on services that may reopen as of 12:01 a.m. on Friday.

“Reopened services” include:

  • Retail services that may

…

On April 14, the Railroad Commission of Texas held a marathon virtual meeting to hear from nearly sixty of the state’s energy leaders including executives from some of the most prominent oil producers and midstream companies, industry analysts, consultants and academics. A reported 20,000 people tuned into the public meeting from across the globe to…