Langley & Banack, Inc.

Texas Appellate Court Overturns $30+ Million 18 Wheeler Accident Verdict

By Dane Patrick

January 12, 2021

Introduction. In this rear-end 18 wheeler collision case, the trial court entered judgment in favor of injured motorist Patterson for over $30 million against FTS International Services, LLC and $26 million against FTS employee, Acker. The Appellate Court overturned the judgment because, amongst other reasons, the noneconomic damages awarded were excessive. The Appellate Courted remanded the case for new trial. FTS Int’l Services, LLC v. Patterson, 12-19-00040-CV, 2020 WL 5047913, at *1 (Tex. App.—Tyler Aug.…

Texas Commercial Litigator

Concrete Manufacturer’s Multi-Million Dollar Jury Award Reversed by Texas Supreme Court

By Dane Patrick

November 23, 2020

Introduction. In this case, Valley Builders Supply, Inc., a manufacturer of concrete blocks, sued its competitor, Innovative Block of South Texas, Ltd, for defamation and business disparagement. At the conclusion of the trial, Valley Builders chose only to submit questions to the jury for defamation. Based upon the jury’s verdict, the trial court entered judgment in favor of Valley Builders for $1,803,528 in compensatory damages and $937,056 in punitive damages. The parties later entered into…

Texas Commercial Litigator

App Developer’s $1.8 Million Breach Contract and Other Claims against Realtor Survive Motion for Summary Judgment

By Dane Patrick

November 9, 2020

Introduction. TPI Cloud Hosting, Inc. (“TPI”) and Keller Williams Realty Inc. (“KW”) entered into an arrangement for TPI to develop a mobile app for KW’s real estate agents’ business. The alleged price tag to develop this app was $1.8 million. TPI sent a $600,000 invoice for payment to KW which KW refused to pay on the basis that the invoice lacked sufficient detail. The alleged agreement between the parties was never put into writing. TPI…

Texas Commercial Litigator

Family’s Wrongful Death Claims for Ranch Hand Trampled to Death by Cattle Allowed to Proceed to Trial

By Dane Patrick

August 24, 2020

Introduction. In this tragic case involving interesting legal issues, a ranch hand was killed when he was trampled by cattle while working for a ranch. The ranch hand’s surviving parents and children sued the ranch for wrongful death and survival claims. The ranch was a nonsubscriber under the Texas Workers Compensation Act. However, the trial court tossed the family’s case on summary judgment under an obscure statute known as the Texas Farm Animal Activity Act.…

Texas Commercial Litigator

U.S. Supreme Court Paves the Way for Profit Disgorgement in Trademark Infringement Cases

By Dane Patrick

August 6, 2020

Introduction. In this age of global unrest, intellectual property disputes are becoming more prevalent. The Supreme Court of the United States (SCOTUS) has now made it clear that the victim of trademark infringement does not have to show that the infringer acted willfully in order to recover a profits award for the false or misleading use of the victim’s trademark. Romag Fasteners, Inc v. Fossil, Inc., 140 S. Ct. 1492, 206 L. Ed. 2d 672 (2020).…

Texas Commercial Litigator

Court Denies Brothers’ Will Contest Claim Against Decedent’s Live-In Girlfriend

By Dane Patrick

July 26, 2020

Zeke lost his battle to cancer and died in 2018. He had no children and was survived by his 2 brothers, George and William. In 2010, Zeke drafted a Will leaving everything to Linda who Zeke had lived with for 30 years. George and William contested the 2010 Will on the grounds that Zeke was unduly influenced by Linda into executing it. Linda filed a no evidence motion for summary judgment that was granted by…

Texas Commercial Litigator

$200+ Million Oil and Gas Breach of Contract Claim Denied by Texas Supreme Court

By Dane Patrick

July 20, 2020

Introduction. In the COVID19 age, Business transactions and formal legal proceedings are now commonly being conducted remotely. In the recent Texas Supreme Court decision of Chalker Energy Partners III, LLC v. Le Norman Operating LLC, 595 S.W.3d 668, 669–70 (Tex. 2020), the Court recognizes that transactions conducted remotely and through email can result in the consummation of binding legal contracts. However, the electronically transmitted negotiations in this case were made subject to the execution…

Texas Commercial Litigator

Remnants of Texas Open Range Laws Protect Rancher from Liability for Personal Injuries

By Dane Patrick

July 15, 2020

Introduction. My 13 year old son and I were recently traveling through a small Texas town and saw a sign that said computers and guns for sale. Where else but Texas would you find this? Of course, we still have remnants of the open range laws in our great state. This brings me to the interesting SCOTX case of Pruski v. Garcia in which the court held that a rancher was not liable for automobile…

Texas Commercial Litigator

Investigator’s Plan to Bilk Client out of His Inheritance Foiled by Texas Jury

By Dane Patrick

June 10, 2020

Will Contest – File Folder with labeling, gavel and libra – law, judgement, lawyer

Like most will contests, the case of In re Estate of Buford is about good old-fashioned greed. Buford’s investigator and the investigator’s assistant convinced Buford over a period of three years to execute a series of wills to their benefit. The jury found that the wills were either signed without testamentary capacity or as the result of undue influence. As a result, the trial court declared all of the wills to be invalid resulting in…

Texas Commercial Litigator

Texas Court of Appeals Holds Case involving Defective Football Field Artificial Turf Must be Retried–Six Years after Dispute Arose

By Dane Patrick

May 26, 2020

Introduction. In this construction defect case, Pleasant Grove Independent School District (“Pleasant Grove”) sued its general contractor, Altech, Inc. (“Altech”), for breach of warranty and the manufacturer, FieldTurf USA, Inc. (“FieldTurf”), for breach of warranty and fraud, pertaining to the installation of artificial turf in the construction of Pleasant Grove’s new football field. Pleasant Grove Indep. Sch. Dist. v. FieldTurf USA, Inc., 06-19-00022-CV, 2020 WL 1646633, at *1 (Tex. App.—Texarkana Apr. 3, 2020, no pet.…

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Texas Appellate Court Overturns $30+ Million 18 Wheeler Accident Verdict

Concrete Manufacturer’s Multi-Million Dollar Jury Award Reversed by Texas Supreme Court

App Developer’s $1.8 Million Breach Contract and Other Claims against Realtor Survive Motion for Summary Judgment

Family’s Wrongful Death Claims for Ranch Hand Trampled to Death by Cattle Allowed to Proceed to Trial

U.S. Supreme Court Paves the Way for Profit Disgorgement in Trademark Infringement Cases

Court Denies Brothers’ Will Contest Claim Against Decedent’s Live-In Girlfriend

$200+ Million Oil and Gas Breach of Contract Claim Denied by Texas Supreme Court

Remnants of Texas Open Range Laws Protect Rancher from Liability for Personal Injuries

Investigator’s Plan to Bilk Client out of His Inheritance Foiled by Texas Jury

Texas Court of Appeals Holds Case involving Defective Football Field Artificial Turf Must be Retried–Six Years after Dispute Arose

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