Defendant Is Not A “Prevailing Party” When Plaintiff Nonsuits To Avoid An Unfavorable Judgment
In 2009, the Texas Supreme Court held that a plaintiff who obtained favorable jury findings [...]
No Private Cause of Action Under the Prompt Payment Statute
Grunley, a prime contractor on a public work project, entered into a design-build contract with [...]
Actos Linked to Bladder Cancer
Actos is a drug that has been used to treat Type-2 diabetes. Studies now indicate that [...]
Southern District of Texas Rejects Insureds’ Demand for Appraisal Under Flood Policy
The Southern District of Texas recently provided additional clarification regarding what flood claims under an [...]
City’s Decision to Demolish a Public Nuisance is Reviewable De Novo by a District Court
In The City of Dallas v. Stewart, No. 09–0257, 2011 WL 2586882, (Tex. 2011), the [...]
Recovery of Attorney’s Fees Available for Holders Suing on Dishonored Checks
In ½ Price Checks Cashed v. United Automobile Insurance Company, 344 S.W.3d 378 (Tex. 2011), [...]
Reference to Medical Records for Opinions of Non-Retained Experts May Be Insufficient to Properly Designate Under Rule 194
On September 28, 2011, the Waco Court of Appeals decided Baker v. Energy Transfer Co, [...]
Waco Court of Appeals Upholds Actual and Punitive Damages Related To Non-Compete Agreement
The Waco Court of Appeals recently upheld a damages award and permanent injunction regarding the [...]
Police Officer With A Level II Certification In Accident Reconstruction Not Qualified As Expert
The Texarkana Court of Appeals recently issued its’ opinion in Lopez-Juarez v. Kelley. The Court [...]
New Texas Supreme Court Order re: Settlement/Litigation Costs
New Texas Supreme Court Order: Offer of Settlement; Award of Litigation Costs. See http://bit.ly/proKhO