Independent Contractors Cannot Invoke the Necessary-Use Exception for Open-and-Obvious Jobsite Hazards I. Introduction In JMI Contractors, LLC v. Jose Manuel Medellin (Tex. June 26, 2026), the...
Texas TMLA Limitations: In Relationship-Based “Course of Treatment” Claims, the Two-Year Period Runs from the End of the Provider–Patient Relationship I. Introduction In Soren Aldaco v. Barbara Rose...
Limitations Is an Affirmative Defense to Private-Nuisance Injunctions; “No-Limitations-for-Abatement” Is Not a Blanket Rule Case: FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING &...
Noncommittal Lease Negotiations Are Immaterial (and Unreliably Reliable) as a Matter of Law for “Bet-the-Farm” Fraud Damages Case: Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut Creek...
No-Evidence Summary Judgment Specificity: Challenging the Sole Interference Element Is Sufficient Notice I. Introduction In Robert H. Crane v. Sasha Sturdivant Crane (Tex. June 26, 2026) (per...
Limiting Peeler: Independent Fee/Billing Claims Survive Without Exoneration; Third-Party Payor Standing for Direct Economic Loss I. Introduction In Amber Carden and William Duncan McGee v. Minton,...
Giving Legal Effect to “Clarifying” Orders: A Dissent’s Rule Against Treating Court Orders as Surplusage in Finality and Appellate-Jurisdiction Disputes I. Introduction This Supreme Court of Texas...
Limitations Bar Injunctions to Abate Nuisance Absent a Timely Cause of Action Introduction In FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING & DEVELOPMENT, LLC, TRIPLE C...
TMLA Limitations: “Occurrence of the Tort” Requires Injury; Completion-of-Treatment Triggers When Injury Follows Treatment Case: Soren Aldaco v. Barbara Rose Wood and Three Oaks Counseling Group, LLC...
Multiple Plausible Statutory Readings Create a “Substantial Ground for Difference of Opinion” Under Texas CPRC § 51.014(d) Case: MCKESSON MEDICAL-SURGICAL INC. v. BRIAN CLEVELAND, INDIVIDUALLY AND ON...
Former Family Code § 161.001(b)(1)(O): Termination Cannot Rest on Vague Service-Plan Clauses, Post-Order Provider Recommendations, or Trivial Noncompliance Introduction In In the Interest of J.Z.A.,...
Post-Judgment “Clarifying” Orders and Finality: No Loss of Appellate Jurisdiction Absent an Express, Specific Written Modification 1) Introduction This Texas Supreme Court matter arises from a...
Conclusory Tolling Allegations Cannot Defeat Rule 91a Limitations Dismissal on the Pleadings Case: AMBER CARDEN AND WILLIAM DUNCAN MCGEE v. MINTON, BASSETT, FLORES & CARSEY, P.C.; AND JOHN C. CARSEY,...
Texas “Red Flag” Reliance Rule: A Sophisticated Party’s Suspicion Triggers a Duty to Investigate (At Least by Asking) 1. Introduction In Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut...
Peeler Is Not a Categorical Shield: Unexonerated Defendants and Third-Party Payors May Pursue Independent Fee-and-Accounting Claims I. Introduction In Amber Carden and William Duncan McGee v. Minton,...
Injunctions Are Remedies, Not Claims: Limitations Bars Nuisance-Abatement Injunctions When the Underlying Cause of Action Is Time-Barred (and Express Finality Must Be Expressly Undone) I....
Texas Medical-Liability Limitations: For Relationship-Based Counseling, § 74.251(a) Runs from the End of the Counselor–Patient Relationship Introduction In Soren Aldaco v. Barbara Rose Wood and Three...
Noncommittal Lease-Negotiation Assurances Are Immaterial as a Matter of Law to “Bet-the-Farm” Reliance Introduction MAYA WALNUT LLC f/k/a MAYA FOODS, INC. v. BRYAN LY, WALNUT CREEK CENTER, INC., LENG...
Express-Contract Coverage Bars Quantum Meruit and Eliminates Fee Recovery Under Section 38.001 I. Introduction In CHAMPION FOOD SERVICE, INC. AND CHAMPION FOOD SERVICE 2, INC. v. PROALAMO FOODS,...
Materiality Is Required for Omissions Under Texas’s Health Care Program Fraud Prevention Act 1. Introduction In LABORATORY CORPORATION OF AMERICA HOLDINGS D/B/A LABORATORY CORPORATION OF AMERICA v....