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The Supreme Court of Texas Reverses $21M Judgment on a Technicality — The Importance of Being Earnest (with Addresses)
In Wade v. Valdetaro, the Supreme Court of Texas reversed a $21 million judgment on a technicality related to the importance of details in addresses for parties to a suit.
Texas Supreme Court Clarifies/Expands Application of Settlement Credits
The Supreme Court of Texas recently issued a per curiam opinion both clarifying and expanding the application of settlement credits.
Fifth Circuit Expands Employer Liability for Sexual Harassment/Hostile Work Environment in Private Nude Video Case
The Fifth Circuit Court of Appeals reversed a summary judgment in favor of the City of Houston on a firefighter’s claim for sexual harassment/hostile work environment.
Texas Supreme Court Addresses Procedural and Substantive Requirements for Independent Medical Examinations of Plaintiffs
In most personal injury cases, it is usually the plaintiff’s treating doctors who have first-hand, personal contact with the plaintiff, as compared with most defense expert doctors who base their […]
Texas Supreme Court Weighs In on Attorney Immunity (in the Electronic/Wiretap Evidence Context)
All Texas lawyers who are sworn-in by a judge after passing the Texas bar exam agree to “zealously represent their clients.” The degree and scope of that zealousness is not […]
Texas Supreme Court Weighs In on Police Shootings (in the Private University Context)
Police-related shootings have been all-too-common in the last several years and especially during the more recent pandemic. Last year, the Texas Supreme Court had the opportunity to weigh in on […]
Temporary Pandemic-Related Bankruptcy Code Provisions
Bankruptcy Code provisions temporarily applied because of the COVID-19 pandemic.
The Means for Monthly Income Calculation
Individual debtor’s disposable income cannot exceed a certain level and the debtor’s expenses must be […]
Limitations on Responsible Third-Party Practice — Dallas Court of Appeals Affirms Trial Court’s Order Striking RTP Designation
In a decision earlier this year, the Dallas Court of Appeals denied mandamus relief to a defendant that sought to designate another business entity as a responsible third party (RTP). […]
The Wheels on the City Bus Go ‘Round and ‘Round – and Its Operator Still Owes a Higher Duty of Care, Per the Texas Supreme Court
In a June 26, 2020 opinion, the Texas Supreme Court rejected an argument asserted by a city bus operator that it did not owe its passengers the “higher duty of […]
GET OUT OF JAIL CARDS FOR LEVERAGED BUYOUT FRAUDULENT TRANSFERS
Though the pandemic is the cause of the rising number of retail bankruptcies, major retailers were facing cash flow and insolvency issues prior to COVID-19. Many of them were over-leveraged […]
The Retail Apocalypse Continues
Retailers are reporting that at least 4,300 stores will close in 2020 and that this number will increase. Prior to the pandemic, Cushman & Wakefield estimated that as many […]
MALL OF AMERICA FAILS TO PAY ITS MORTGAGE – IS THIS A SIGN OF THINGS TO COME FOR OTHER MALLS AND SHOPPING CENTERS?
Eight (Corners) is Enough – Texas Supreme Court Says So – When it Comes to an Insurer’s Duty to Defend
Exemplary Damages — Re-Visiting the Damages Cap Calculation
In an appeal of a jury award in an asbestos/ mesothelioma wrongful death case, the Dallas Court of Appeals had the opportunity to re-visit the statutory cap provision addressing exemplary/punitive […]
Contracts — A New Spin on the “Battle of the Forms” Conundrum
In most first-year law school Contracts courses, law students learn about the practical business conundrum of the “battle of the forms,” where a prospective buyer and seller exchange written proposals […]
