Exemplary Damages Cap Not an Affirmative Defense: Zorrilla v. Aypco Construction II, LLC Introduction In Mirta Zorrilla v. Aypco Construction II, LLC and Jose Luis Munoz, 469 S.W.3d 143 (2015), the...
Texas Supreme Court Defines Employer's Duty under Premises Liability: Exceptions for Criminal Activity and Necessary Use Introduction In the landmark case of Randy Austin v. Kroger Texas, L.P.,...
Unambiguous Contract Exclusions Affirmed: Plains v. Torch Sets Precedent on Excluded Assets in Purchase Agreements Introduction In the landmark case of Plains Exploration & Production Company v....
Affirmation of Double-Derivative Standing in Closely Held Corporations: Webre v. Texas United and United Salt Introduction The case of Robert Wayne Sneed et al. v. Lloyd P. Webre, Jr., Individually...
Reining in Medical Peer Review Privilege in Antitrust Litigation: Insights from In re Memorial Hermann Hospital System Introduction The In re Memorial Hermann Hospital System; Memorial Hermann...
Disgorgement Not Classified as Compensatory Damages under Texas Sec. 52.006: Supreme Court's Ruling in In re Longview Energy Company Introduction In the landmark case In re Longview Energy Company,...
Unreliable Expert Testimony: Texas Supreme Court Sets New Standards in Gharda USA v. Control Solutions Introduction The case of Gharda USA, Inc. and Gharda Chemicals, Ltd. v. Control Solutions, Inc.,...
Application of Chapter 95 to Property Owner’s Negligent Activities: Texas Supreme Court Affirms Dow Chemical Decision Introduction The case of Magdalena Adrienna Abutahoun, Indi v. The Dow Chemical...
Substantive Nexus Required for Health Care Liability Claims: Ross v. St. Luke's Episcopal Hospital Introduction Lezlea Ross v. St. Luke's Episcopal Hospital (462 S.W.3d 496) is a landmark decision by...
Supreme Court of Texas Expands Scope of Texas Citizens Participation Act to Private Communications Introduction The case of Matthew Lippincott and Creg Parks v. Warren Whisenhunt (462 S.W.3d 507,...
Limits on Protected Activity Under TCHRA in Retaliation Claims: SAWS v. Nicholas Introduction San Antonio Water System, Petitioner, v. Debra Nicholas, Respondent is a landmark case adjudicated by the...
Clarifying Insurance Coverage: Anti-Concurrent-Causation Clause in JAW The Pointe v. Lexington Insurance Company Introduction The case of JAW The Pointe, L.L.C. v. Lexington Insurance Company,...
Clarifying Evidentiary Standards under the Texas Citizens Participation Act: In re Lipsky Introduction The case In re Steven Lipsky, Relator (460 S.W.3d 579) adjudicated by the Supreme Court of Texas...
Van Ness v. ETMC First Physicians: Supreme Court Reaffirms Adequacy of Expert Reports under TMLA Introduction In the landmark decision of Van Ness v. ETMC First Physicians, the Supreme Court of Texas...
Extension of Sovereign Immunity to Independent Contractors: Brown & Gay Engineering, Inc. v. Zuleima Olivares Introduction Brown & Gay Engineering, Inc. v. Zuleima Olivares, 461 S.W.3d 117 (Tex....
Clarifying the Role of Circumstantial Evidence under the Texas Citizens Participation Act Introduction In re Steven Lipsky, Relator, 460 S.W.3d 579 (Tex. 2015), is a landmark decision by the Supreme...
G.T. Leach Builders, LLC v. Sapphire V.P., LP: Defining the Boundaries of Arbitration in Construction Contracts Introduction In the landmark case of G.T. Leach Builders, LLC, et al. v. Sapphire V.P.,...
Recreational Use Statute Excludes Spectators at Competitive Sports Events: Uni v. University of Texas at Arlington Introduction In the landmark case of University of Texas at Arlington v. Sandra...
Texas Supreme Court Upholds HMEPS Board's Authority in Employee Classification Introduction In the landmark case of John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, and...
Texas Supreme Court Establishes District's Responsibility for Utility Relocation Costs under Texas Water Code §49.223 Introduction The case of Southwestern Bell Telephone, L.P. d/b/a AT&T Texas v. Ed...