Texas Commercial Litigator

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Construction Project Manager not Liable for Independent Contractor Employee’s Job Injuries

By Dane Patrick on October 21, 2019

The El Paso Court of Appeals has held that the project manager of a commercial construction project was not liable for the injuries sustained by another contractor’s employee. Diaz v. R & A Consultants, 579 S.W.3d 460, 464 (Tex. App.—El Paso 2019, no pet. h.). In this construction accident case, the court was asked to decide, in essence, whether one contractor owed a duty to another contractor’s employes. The construction project involved the abatement of…

Texas Commercial Litigator

Texas Automobile Insurers Must Act in Good Faith in Investigating and Paying Uninsured Motorist Claims

By Dane Patrick on October 18, 2019

The San Antonio Court of Appeals recently held that an automobile insurer can be held liable to its policyholder for attorney fees and extracontractual damages if it breaches its duty of good faith in failing to reasonably investigate or timely pay an uninsured motorist claim. State Farm Mut. Auto. Ass’n v. Cook, 04-18-00729-CV, 2019 WL 4453763 (Tex. App.—San Antonio Sept. 18, 2019, no pet. h.). In Texas, an automobile insurance carrier must offer a policyholder…

Texas Commercial Litigator

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

Legal Updates Empowering You and Your Business

Blog Authors

Construction Project Manager not Liable for Independent Contractor Employee’s Job Injuries

Texas Automobile Insurers Must Act in Good Faith in Investigating and Paying Uninsured Motorist Claims

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

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