View Post

No Tort Liability of Project Architect for Economic Damages Suffered by Contractor or Subcontractor

In Blog

LAN/STV v. Martin K. Eby Const. Co., Inc., 11-0810, 2014 WL 2789097 (Tex. June 20, 2014). The Eby opinion involves three parties: (1) the general contractor, (2) the architect, and (3) the Dallas Area Rapid Transportation Authority (“DART”). DART contracted with the architect, LAN/STV, to create the plans, drawings, and specifications for light rail project in downtown Dallas. Martin K. Eby …

Texas Supreme Court Reverses Exemplary Damages Award

In Blog

 In Safeshred, Inc. v. Martinez, 2012 WL 1370862, No. 10-0426 (Tex. 2012), the Texas Supreme Court held there was not legally sufficient evidence to recover exemplary damages.  The plaintiff (“Employee”) was a truck driver who was fired after refusing to haul an unsafe load.   Employee brought a wrongful termination claim against his employer (“Employer”) seeking lost wages and exemplary damages. …

Waco Court of Appeals Upholds Actual and Punitive Damages Related To Non-Compete Agreement

In Blog

The Waco Court of Appeals recently upheld a damages award and permanent injunction regarding the breach of a non-compete agreement in favor of Chris Christensen Systems, Inc. (CCS), a dog product manufacturer and distributor against its former employee, Eric Salas.  The Court of Appeals upheld the default judgment and all damages and held that the non-compete agreement with a  five year …