Multi-Million Dollar Judgment against IBM Reversed by Texas Supreme Court
Latest from Texas Commercial Litigator
Validity of Handwritten Will Addressed by Houston Court of Appeals
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…
Another Texas Construction Design Defect Case Dismissed for Plaintiff’s Failure to File Proper Expert Affidavit
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…
The Fan Expo, LLC vs. National Football League
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 Supreme Court Holds Tenant Justified in Terminating Commercial Lease but Reverses Million Dollar Attorney Fee Award
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…
Family Business Divorce Gone Bad over Division of Concrete Business
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…
Court Denies Claim of Oil Tycoon’s Heir to Receive Trust Benefits Directly
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…
Fraud Verdict in Favor of Real Estate Investors Reduced from $7,897,981 to $1,410,400
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…
Contractor Can be Held Liable for Negligence in Premises Defect Case According to San Antonio Court of Appeals
Introduction. The San Antonio Court of Appeals has held that a property owner’s personal injury premises defect claim sounded in negligence rather than premises liability, even though the injuries were not caused by a contemporaneous activity of the contractor allegedly at fault. Arredondo v. Techserv Consulting & Training, Ltd., 567 S.W.3d 383 Tex. App.—San Antonio 2018, pet. filed).
Background. In this case, an electric company entered into a contract with a utility contractor for the…
Texas U.S. District Court Denies Employer’s Request to Enjoin Former Employees from Violating Non-Competition Agreements and Misappropriating Trade Secrets
Lawsuits involving alleged violations by former employees of non-competition agreements are often hotly contested and involve injunctive relief. These cases can be challenging for the employer to obtain relief because covenants not to compete are governed by statutory law requiring these restrictive covenants to be reasonable as to time, geographical area, and scope of activity to be restrained. Tex. Bus. & Com. Code Ann. § 15.50 (West). There is a tendency for employers to draft…