Texas Commercial Litigator

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Court Holds “As Is” Clause Does Not Bar Homebuyer’s Fraudulent Inducement Claim Against Seller

By Dane Patrick on August 11, 2019

Introduction. In Ivy v. Garcia, Buyer sued Sellers for fraudulently inducing Buyer into entering a contract and buying Sellers’ defective home. 03-18-00545-CV, 2019 WL 3756483 (Tex. App.—Austin Aug. 9, 2019, no pet. h.). Sellers filed a motion for summary judgment on the basis that the as-is clause in the purchase contact barred Buyer’s claims as a matter of law. The trial court granted the motion for summary judgment and the Austin Court of Appeals reversed.…

Texas Commercial Litigator

Another Texas Court of Appeals Dismisses Construction Claims Filed Against Architects

By Dane Patrick on July 23, 2019

Introduction. The failure of the plaintiff in a construction lawsuit to properly address the unique procedural and evidentiary issues involved may result in the dismissal of the plaintiff’s claims. This is exactly what happened to the plaintiff in a recent case filed in San Antonio, Texas against an architectural firm when the plaintiff failed to attach an affidavit known as a certificate of merit to the lawsuit. Studio E Architecture and Interiors, Inc., Appellant v.…

Texas Commercial Litigator

Multi-Million Dollar Judgment against IBM Reversed by Texas Supreme Court

By Dane Patrick on June 25, 2019

Introduction. The Texas Supreme Court reversed a judgment rendered against IBM originally in the amount of $21 million because Lufkin Industries disclaimed its reliance upon IBM’s misrepresentations in the written contract between the parties. Int’l Bus. Machines Corp. v. Lufkin Indus., LLC, 573 S.W.3d 224 (Tex. 2019), reh’g denied (May 31, 2019). Background. Lufkin manufactures machinery and equipment used in the energy industry. It needed to upgrade its business-operations computer-software system. After several meetings with…

Texas Commercial Litigator

Validity of Handwritten Will Addressed by Houston Court of Appeals

By Dane Patrick on June 18, 2019

In Texas, handwritten wills are enforceable if they meet certain criteria. To be valid, a holographic will “must be signed by the testator and wholly in the testator’s handwriting.” Ajudani v. Walker, 177 S.W.3d 415, 418 (Tex. App.—Houston [1st Dist.] 2005, no pet.). Of course, many interesting issues arise in determining whether a handwritten instrument is truly a valid will. For example, in the recent case of Estate of Silverman of the Houston Court of Appeals…

Texas Commercial Litigator

Another Texas Construction Design Defect Case Dismissed for Plaintiff’s Failure to File Proper Expert Affidavit

By Dane Patrick on June 1, 2019

Introduction. Another Texas construction design defect case was recently dismissed under the Texas Certificate of Merit statute because the plaintiff failed to file a proper affidavit by a qualified design professional in support of the lawsuit. Kayne Anderson Capital Advisors, L.P. v. Hill & Frank, Inc., 570 S.W.3d 884 (Tex. App.—Houston [1st Dist.] 2018, no pet.). Background. Kayne Anderson hired Hill & Frank to be the designer and architect on a project that included the design…

Texas Commercial Litigator

The Fan Expo, LLC vs. National Football League

By Dane Patrick on May 28, 2019

Introduction. The Fan Expo, LLC sued the NFL for tortious interference with Fan Expo’s contract with Electronic Arts, Inc. (EA). The trial court granted the NFL’s motion for summary judgment and rendered a take nothing judgment against Fan Expo leading to this appeal–The Fan Expo, LLC v. National Football League, supra, at *4, 05-17-01304-CV, 2019 WL 2211084 (Tex. App.—Dallas May 22, 2019, no pet. h.). Background. The Fan Expo, LLC was created in 2015 to…

Texas Commercial Litigator

Texas Supreme Court Holds Tenant Justified in Terminating Commercial Lease but Reverses Million Dollar Attorney Fee Award

By Dane Patrick on May 22, 2019

Introduction. The case of Rhormoos Venture v. UTSW DVA Healthcare, LLP, addressed the issue of whether a tenant is legally permitted to terminate a commercial lease based upon the landlord’s material breach of the lease. 16-0006, 2019 WL 1873428 (Tex. Apr. 26, 2019). The court reviewed its prior decisions on this issue and found that the material breach of a commercial lease is in fact a legal basis for the tenant to terminate the lease. The court also…

Texas Commercial Litigator

Family Business Divorce Gone Bad over Division of Concrete Business

By Dane Patrick on May 18, 2019

Introduction. The case of Zermeno v. Garcia is about a business divorce gone bad, leading to costly and protracted litigation between family members over the operation of a family-owned concrete business. 14-17-00843-CV, 2019 WL 2063090 (Tex. App.—Houston [14th Dist.] May 9, 2019, no pet. h.). After the initial lawsuit was filed, the parties entered into a settlement agreement. Unfortunately, as part of the settlement, the parties attempted to continue to work together in some form…

Texas Commercial Litigator

Court Denies Claim of Oil Tycoon’s Heir to Receive Trust Benefits Directly

By Dane Patrick on May 15, 2019

Introduction. Preston Marshall, Appellant V. Ribosome L.P, is an interesting trust and limited partnership dispute involving the descendants of Texas oilman J. Howard Marshall II. 01-18-00108-CV, 2019 WL 2041062 (Tex. App.—Houston [1st Dist.] May 9, 2019, no pet. h.). The trial court granted a summary judgment against Preston Marshall on his claims against Ribosome for aiding and abetting breach of trustee’s fiduciary duty; breach of oral contract to distribute trust proceeds directly to Preston; promissory…

Texas Commercial Litigator

Fraud Verdict in Favor of Real Estate Investors Reduced from $7,897,981 to $1,410,400

By Dane Patrick on May 6, 2019

Introduction. The case of Jang Won Cho v. Kun Sik Kim, involves a dispute between 3 investors who invested in a retail strip shopping mall venture in Houston, Texas. No. 14-16-00962-CV, 2019 WL 1442412 (Tex. App.—Houston [14th Dist.] Apr. 2, 2019, no pet. h.). The 3 investors formed a corporation in which they became shareholders and the corporation purchased the land for the shopping mall. A strip center was built and became part of the property owned and…

Texas Commercial Litigator

Legal Updates Empowering You and Your Business

Blog Authors

Court Holds “As Is” Clause Does Not Bar Homebuyer’s Fraudulent Inducement Claim Against Seller

Another Texas Court of Appeals Dismisses Construction Claims Filed Against Architects

Multi-Million Dollar Judgment against IBM Reversed by Texas Supreme Court

Validity of Handwritten Will Addressed by Houston Court of Appeals

Another Texas Construction Design Defect Case Dismissed for Plaintiff’s Failure to File Proper Expert Affidavit

The Fan Expo, LLC vs. National Football League

Texas Supreme Court Holds Tenant Justified in Terminating Commercial Lease but Reverses Million Dollar Attorney Fee Award

Family Business Divorce Gone Bad over Division of Concrete Business

Court Denies Claim of Oil Tycoon’s Heir to Receive Trust Benefits Directly

Fraud Verdict in Favor of Real Estate Investors Reduced from $7,897,981 to $1,410,400

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