We previously discussed that in Texas, like most states, performance under a contract containing a force majeure clause may be excused by acts of god or other exigent circumstances defined by the clause. However, even if the contract does not
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.
Latest from Texas Commercial Litigator - Page 5
COVID–19 Contractual Defense of Force Majeure
By Dane Patrick
In Texas, like most states, performance under a contract containing a force majeure clause may be excused by acts of god or other exigent circumstances defined by the clause. Force majeure is a creature of contract and will only be…
Texas Court of Appeals Holds Workers Compensation Nonsubscribing Workers Compensation Employer Liable for Employee’s Injuries Sustained in Fall from Ladder
By Dane Patrick
Texas Court of Appeals Holds Workers Compensation Nonsubscribing Workers Compensation Employer Liable for Employees Injuries Sustained in Fall from Ladder
The benefit to Texas employers in maintaining workers compensation insurance is that they are shielded from liability to employees injured…
Surviving Spouse Prohibited from Deeding Community Estate Property to Third Party while Estate Administration Pending before Probate Court
By Dane Patrick
In Texas, when a person who leaves a will passes away, the decedent’s estate vests immediately in the devisees under the will, subject to payment of the decedent’s debts. But what are the rights of the surviving spouse in his…
Factoring Company Does End Run around Texas Construction Trust Fund Act
By Dane Patrick
A factoring company is not subject to liability under the Texas Construction Trust Fund Act for misapplication of construction funds, according to at least one Texas Court of Appeals. Dakota Util. Contractors, Inc. v. Sterling Commercial Credit, LLC, 583 S.W.3d…
Court Strikes Executor’s and Trustee’s Defenses for Violations of Court Orders and Abuse of the Discovery Process
By Dane Patrick
Introduction. Family estate disputes over trusts and wills often bring out the worst in the parties as was exemplified in the recent case of ESTATE OF FELIPE A. RADELAT, DECEASED, 02-17-00264-CV, 2019 WL 5792652, at *1 (Tex. App.—Fort…
Texas Citizens Participation Act (anti-SLAPP statute) Amended as of September 2019
By Dane Patrick
The Texas Citizens Participation Act (TCPA), our state’s version of an anti-SLAPP (Strategic Lawsuits Against Public Participation) statute has been amended in an attempt to narrow its scope. It was originally enacted to protect free speech such as a Facebook…
Business Purchasing Defective Ethane Pumps Not Required to Give Seller Opportunity to Cure Defects
By Dane Patrick
It can be tricky to preserve your rights to recover damages for breach of warranty involving goods, including expensive commercial equipment, as exemplified in a recent Houston Court of Appeals case. Equistar Chemicals, LP v. ClydeUnion DB, Ltd., 579 S.W.3d…
Construction Project Manager not Liable for Independent Contractor Employee’s Job Injuries
By Dane Patrick
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.…
Texas Automobile Insurers Must Act in Good Faith in Investigating and Paying Uninsured Motorist Claims
By Dane Patrick
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…