The summary judgment personal injury case of AEP Tex. Cent. Co. v. Arredondo, 612 S.W.3d 289 (Tex. 2020) addressed in my previous blog article (previous article) made its way to the Supreme Court of Texas (SCOTX). This case
Texas Commercial Litigator
Legal Updates Empowering You and Your Business
Texas Commercial Litigator, published by Langley & Banack, Inc., focuses on legal issues related to commercial litigation within Texas. The blog covers topics such as contract disputes, fraud claims, lease negotiations, breach of personal guaranties, and litigation strategies in commercial contexts. It addresses cases involving oil and gas transactions, real estate leases, business loan defaults, and the implications of written versus oral agreements. The content also discusses practical legal considerations for tenants, landlords, lenders, and business owners engaged in commercial disputes, emphasizing the importance of clear contractual terms and justifiable reliance in fraud and breach of contract claims.
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Amputee’s Personal Injury Claim Barred by Workers Compensation Exclusive Remedy Defense
By Dane Patrick
An injured employee’s exclusive remedy for injuries sustained on the job is to recover workers compensation benefits, except when the employer intentionally causes the injuries. Berkel & Co. Contractors, Inc. v. Lee, 612 S.W.3d 280 (Tex. 2020). This SCOTX case…
General Contractor’s Breach of Contract Verdict Overturned for Failure to Give Contractual Termination Notice
By Dane Patrick
Introduction. In Chambers County v. Pelco Construction Co., the general contractor unilaterally terminated its contract after the project owner stopped work for 40 days. No. 01-18-00832-CV, 2020 WL 7776078, at *1 (Tex. App.—Houston [1st Dist.] Dec. 31, 2020, no pet.…
Texas Appellate Court Overturns $30+ Million 18 Wheeler Accident Verdict
By Dane Patrick
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…
Concrete Manufacturer’s Multi-Million Dollar Jury Award Reversed by Texas Supreme Court
By Dane Patrick
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…
App Developer’s $1.8 Million Breach Contract and Other Claims against Realtor Survive Motion for Summary Judgment
By Dane Patrick
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.…
Family’s Wrongful Death Claims for Ranch Hand Trampled to Death by Cattle Allowed to Proceed to Trial
By Dane Patrick
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…
U.S. Supreme Court Paves the Way for Profit Disgorgement in Trademark Infringement Cases
By Dane Patrick
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…
Court Denies Brothers’ Will Contest Claim Against Decedent’s Live-In Girlfriend
By Dane Patrick
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…
$200+ Million Oil and Gas Breach of Contract Claim Denied by Texas Supreme Court
By Dane Patrick
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…