Introduction. My 13 year old son and I were recently traveling through a small Texas town and saw a sign that said computers and guns for sale. Where else but Texas would you find this? Of course, we still have
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Investigator’s Plan to Bilk Client out of His Inheritance Foiled by Texas Jury
Like most will contests, the case of In re Estate of Buford is about good old-fashioned greed. Buford’s investigator and the investigator’s assistant convinced Buford over a period of three years to execute a series of wills to their benefit.
Texas Court of Appeals Holds Case involving Defective Football Field Artificial Turf Must be Retried–Six Years after Dispute Arose
Introduction. In this construction defect case, Pleasant Grove Independent School District (“Pleasant Grove”) sued its general contractor, Altech, Inc. (“Altech”), for breach of warranty and the manufacturer, FieldTurf USA, Inc. (“FieldTurf”), for breach of warranty and fraud, pertaining to the
Texas Homebuyers Beware–Closing Document Language May Render Seller Disclosure Statements Meaningless
In this residential property contract case, the Court addressed whether “as-is” and disclaimer-of-reliance contractual provisions contained in the closing documents barred the homebuyer’s claims for fraud, negligent misrepresentation and violations of the Deceptive Trade Practice Act (DTPA), even when the
Reversal of $500+ Million Judgment in Pipeline Partnership Dispute Affirmed by Texas Supreme Court
Introduction. As a matter of first impression, the Texas Supreme Court, in Energy Transfer Partners, L.P., et al (“ETP”) v. Enterprise Products Partners, L.P., et al (“Enterprise”), affirmed the reversal of a judgment exceeding $500 million involving a pipeline partnership
Court Imposes a Constructive Trust to Prevent Brother from Cheating his Sister out of Family Farm
Introduction. In the fraud case of Pettit*v. Tabor, Marilyn Eileen Pettit Tabor (Lyn) ‘conveyed her interest in the family farm to her brother, Robert York Pettit (Bob), based upon Bob’s promise to protect the property and to reconvey it to
Court Holds that Decedent’s Son Inherited 874 Acre Farm Free and Clear of Surviving Husband’s Community Property Interest Claim
A person’s inheritance rights can be affected by the community property interest of a surviving spouse as exemplified in the recent case of House v. Webb, 06-19-00054-CV, 2019 WL 6121124, at *1 (Tex. App.—Texarkana Nov. 19, 2019, pet. denied). The
Judgment of $145,460 for Medical Bills Incurred by Plaintiffs Injured in Motor Vehicle Collision Overturned for Lack of Medical Expert Evidence
Introduction. In the recent motor vehicle collision case of Hills v. Donis, the Houston Court of Appeals overturned a judgment awarding the Plaintiffs $145,460 for past medical expenses because the Plaintiffs failed to present competent medical expert testimony proving that
$3,131,064 Texas Jury Verdict Against Automation and Software Development Company for Negligent Misrepresentation Upheld by 5th Circuit Court of Appeals
Introduction. Negligent misrepresentation and fraud can be viable alternative causes of action to a breach of contract claim, as shown by the recent Texas federal court case of Correct RX Pharmacy Services, Inc. v. Cornerstone Automation Sys., L.L.C., 945
Texas Business Owner’s Failure to Plan Lead’s to Court Ordered Guardianship
Introduction. The failure to plan for your estate and the succession of your business while you are healthy and mentally competent can lead to drastic and expensive measures, as shown by the recent high profile Texas case of In re