Recent Articles

Changes to Chapter 53, Mechanic's & Materialman's Lens

March 22, 2012 03:15

     The 2011 Legislative Session resulted in a number of changes to Chapter 53 of the Texas Property Code (addressing Mechanic's, Contractor's, or Materialman's Liens).  Included below are the revisions to Chapter 53, along with brief...

Texas Cities Have Additional Clarification on Takings Cases

March 02, 2012 15:26

On January 27, 2012, the Texas Supreme Court withdrew its prior opinion and issued a new opinion in City of Dallas v. Stewart, 2012 WL 247966, ––– S.W.3d –––– (Tex. 2012).  In its prior decision on July 1, 2011, the Texas Supreme Court upheld the...

Avoiding Illusory Arbitration Clauses

March 01, 2012 22:04

     In Carey v. 24 Hour Fitness, USA, Inc., 10-20845, 2012 WL 205851 (5th Cir. Jan. 25, 2012), the United States Court of Appeals for the Fifth Circuit found an arbitration agreement to be illusory because one party to the agreement retained the unilateral right to modify or...

Texas Supreme Court Reverses Ruling in Casados

February 26, 2012 02:02

In Port Elevator-Brownsville v. Casados, 2012 WL 247985 (Tex. 2012), the Texas Supreme Court reversed a previous judgment from the Corpus Christi Court of Appeals and held that a employee’s claim of negligence was barred by the exclusive-remedy provision of the Texas Workers’...

Texas Supreme Court Denies Rehearing in Escabedo

Craig Cherry
February 11, 2012 14:32

On July 1, 2011, the Texas Supreme Court issued its decision in Haygood v. Escabedo, which held that evidence of a plaintiff's medical expenses at trial is limited to the amount the medical provider has a legal right to be paid.  The appellant in the case sought rehearing after the Court's...

No Expert Testimony Needed to Establish Date of Injury in Construction Defect Coverage Case

January 28, 2012 23:11

The Dallas Court of Appeals, in Vines-Herrin Custom Holmes, LLC v. Great American Lloyds, No. 05-10-00007-CV, 2011 WL 6396473 (Tex. App.—Dallas Dec. 21, 2011, no pet. h.) handed down an opinion overturning a take-nothing judgment on behalf of an insurer of a construction company and remanding...

JNOV Filed Before Judgment is Signed Extends Appellant Timetable to Ninety Days

January 20, 2012 22:23

In Ryland Enterprises, Inc. v. Weatherspoon, No. 11–0189, 2011 WL 6276127 (Tex. 2011), Vickie Weatherspoon (“Plaintiff”) sued Ryland Enterprise, Inc. (“Defendant”).  On May 4, 2010, the jury returned a verdict for Plaintiff.  On May 25, 2010, after the jury...

Quick Review: The Automatic Stay

January 19, 2012 19:31

     This post discusses the basics of the “automatic stay” that is in place when a customer files for bankruptcy.  This post also includes a discussion of the potential pitfalls that creditors face for violations of the automatic stay. Automatic Stay - An...

Securities and Exchange Commission Accuses Life Partners Holdings of Misleading Investors

Craig Cherry
January 07, 2012 18:00

The Securities and Exchange Commission has filed suit accusing Life Partners Holdings of "systematically and materially" misleading investors about the life expectancy of people whose life insurance policies it traded. According to the SEC's suit filed in federal court in Waco, the...

Texas Supreme Court Rules on Noncompete Agreement's Enforceability

December 28, 2011 21:02

 The Texas Supreme Court has once again affirmed its decision to make non-compete agreements more easily enforceable by employers against their employees.  The Court was asked to consider whether a covenant not to compete signed by a valued employee in consideration for stock options,...