Introduction. A party can be held liable for conspiracy to commit fraud and theft, even if the party did not commit all of the underlying bad acts. Bates Energy Oil & Gas, L.L.C. v. Complete Oil Field Servs., L.L.C., No.…
Introduction. In Texas, an employer is vicariously liable for the negligence of its employee, acting within the course and scope of employment, resulting in injuries to a third party. In the automobile accident case of EAN Holdings, LLC v Arce,…
Introduction. The Texas Supreme Court (SCOTX), in Signature Indus. Services, LLC (SIS) v. Int’l Paper Co. (IP), reduced the $59.1 million jury award to just under $1.8 million. [638 S.W.3d 179, 186 (Tex. 2022)]. The jury’s verdict was largely based…
Introduction. In the Estate of Wlecyk, the trial court found that the Decedent revived his 2001 Will by making a 2016 hand-written notation on the Will that it stands. [No. 01-19-00299-CV; 2021 WL 1537489 (Tex.App.–Houston [1st Dist.] April 20, 2021,…
Introduction. A property owner must file a certificate of merit with its construction defect lawsuit based upon errors or omissions committed by architects or engineers. The failure to do so as required by Chapter 150 of the Texas Civil Practices…
The Los Compadres case, decided by the Supreme Court of TX (SCOTX), addresses Chapter 95 of the Texas Civil Practices & Remedies Code. This important statute sets the minimum criteria that must be met to hold a property owner liable…
Introduction. Doing business with a governmental entity can be tricky business because of the doctrine of governmental immunity. If this doctrine applies, the governmental entity may escape liability for harm it causes to others. Recently, the City of Carrolton filed…
Introduction. A couple of years ago this blog discussed the construction defect case, Pleasant Grove Indep. Sch. Dist. v. FieldTurf USA, Inc., in which the Pleasant Grove Independent School District sued its general contractor, Altech, Inc., and the manufacturer, FieldTurf…
In this case of first impression, the El Paso court of Appeals held that the contractor, who built an overpass under contract with the Texas Department of Transportation (“TXDOT”), was immune from liability for injuries sustained by plaintiff when he…