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A Primer on Expedited Actions Under Texas Rule of Civil Procedure 169

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In 2011, the Texas Legislature passed House Bill 274, which called upon the Supreme Court of Texas to promulgate procedural rules and amendments for expedited civil actions. The Supreme Court formed a task force to answer the legislature’s call, and the task force proposed several modifications to the Texas Rules of Civil Procedure. On November 13, 2012, the Supreme Court …

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Foreclosing on Residential Property under the Protecting Tenants at Foreclosure Act of 2009

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  In response to the housing collapse in 2009, the United States Congress enacted the Protecting Tenants at Foreclosure Act of 2009 (the “Act”) to protect tenants who live in residential properties that are being foreclosed from abruptly losing their homes. Lenders foreclosing on residential properties must comply with the obligations presented by the Act before filing a forcible detainer …

No Private Cause of Action Under the Prompt Payment Statute

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Grunley, a prime contractor on a public work project, entered into a design-build contract with the federal government.  In the performance of its work, Grunley subcontracted with IES.   Grunley experienced unanticipated changes and delays in the performance of its contract, and these changes and delays led to a dispute between Grunley and IES.  The dispute was not resolved, and …

Southern District of Texas Rejects Insureds’ Demand for Appraisal Under Flood Policy

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The Southern District of Texas recently provided additional clarification regarding what flood claims under an Standard Flood Insurance Policy (“SFIP”) were subject to the appraisal clause when there are pricing issues as well as potential coverage issues involved. Ultimately, the Court ruled that because the dispute involved whether a particular item was actually covered under the SFIP, the appraisal clause …

Reference to Medical Records for Opinions of Non-Retained Experts May Be Insufficient to Properly Designate Under Rule 194

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On September 28, 2011, the Waco Court of Appeals decided Baker v. Energy Transfer Co, 2011 WL 4489803.  In the Baker case, the plaintiffs designated their non-retained medical experts by stating the subject matter on which those experts would testify and then, for their mental impressions and opinions and the basis of their opinions, plaintiffs referred to and incorporated by reference into …