News & Analysis as of

TX Supreme Court

Kansas Federal Court Applies Prejudice Requirement to Pollution Buy-Back Endorsement

In its recent decision in PetroSantander (USA), Inc. v. HDI Global Ins. Co., 2018 U.S. Dist. LEXIS 59696 (D. Kan. Apr. 9, 2018), the United States District Court for the District of Kansas, applying Texas law, had occasion to...more

“Why Matters” – In Texas, Proving Same-Sex Harassment “More Complicated” than Proving Opposite-Sex Harassment

by Bracewell LLP on

On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more

Business Litigation Alert: "Texas Supreme Court Ruling Highlights the Importance of Heeding 'Red Flags' During Pre-Contract...

by Porter Hedges LLP on

Last month, the Texas Supreme Court upheld a lower court’s decision to toss a lawsuit by Orca Assets GP LLP against JP Morgan Chase over property in the Eagle Ford Shale. ...more

When Is Summary Judgment Evidence “On File”?

by Strasburger & Price, LLP on

In Lance v. Robinson, No. 16-0323, 2018 Tex. LEXIS 246 (Mar. 23, 2018), the Texas Supreme Court confirmed that when deciding a summary judgment motion, a court may consider evidence not attached to the motion as long as the...more

Texas Supreme Court Declines To Take Up Case Requesting That A Plaintiff Describe The Elements Of Any Trade Secret Process That It...

by Seyfarth Shaw LLP on

Late last week, the Texas Supreme Court denied a petition for mandamus in which the petitioner sought an order compelling a plaintiff to identify the specific trade secrets it contends were misappropriated, bucking what...more

NPRI Reservation Survives Rule Against Perpetuities

by Gray Reed & McGraw on

Recall the Battle of the Bastards: The heroic Lady Sansa and the duplicitous Lord Baelish gallop over the hill to save the foolish Jon Snow from the heinous Ramsey Bolton. In similar fashion, but without the malnourished...more

Texas Supreme Court Holds Attorney’s Fees are Not Recoverable Under the Texas Construction Trust Fund Act.

In an opinion delivered last week, the Texas Supreme Court held that attorney’s fees are not recoverable under the Texas Construction Trust Fund Act. Dudley Construction, Ltd. v. ACT Pipe and Supply, Inc., No. 16-0651 (Tex....more

Hi Ho Silver: Texas Supreme Court Finds Patent Agent Communications Protected

by McDermott Will & Emery on

The Supreme Court of Texas held that a client’s communications with a registered patent agent, made to facilitate the agent’s provision of authorized legal services to the client, fall within the Texas attorney-client...more

Fraud Claim Rejected for Unreasonable Reliance

by Gray Reed & McGraw on

The ruling from the Supreme Court of Texas in JP Morgan Chase Bank, N.A., et al v. Orca Assets, G.P., L.L.C. was foreseeable. Experienced energy professionals who pass on the opportunity to examine title for themselves are...more

Attorney-Client Privilege Extends to Patent Agents

by Strasburger & Price, LLP on

In a recent opinion, the Texas Supreme Court resolved a question of interest to patent attorneys—is there a privilege for communications between a patent agent and his client? In re Silver, No. 16-0682, 2018 Tex. LEXIS 171...more

Texas Supreme Court Rules That Trustee Is Not Liable For Fraud In Leasing Minerals Due To “Red Flags” And Express Contradictory...

by Winstead PC on

In JPMorgan Chase Bank, N.A. v. Orca Assets G.P., a trustee leased minerals to a leasee. No. 15-0712, 2018 Tex. LEXIS 250 (Tex. March 23, 2018)....more

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

by Winstead PC on

In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018)....more

Private Eyes on the Rise in Texas

by Reed Smith on

Dating back to our Bone Screw days we have mostly pleasant memories of using surveillance to catch plaintiffs making phony claims. For a variety of reasons, a large percentage of the Bone Screw plaintiffs were workers’...more

Texas Supreme Court: Error to Exclude Video Without Viewing

by Strasburger & Price, LLP on

“If, as it is often said, a picture is worth a thousand words, then a video is worth exponentially more. Images have tremendous power to persuade, both in showing the truth and distorting it.” Diamond Offshore Serv. Ltd. v....more

Bills, Bills, Bills: Calculation of Past Medical Expenses under Texas Law

by Butler Snow LLP on

Under Texas law, recovery of past medical expenses is limited to the amount actually paid or incurred. Section 41.0105 was enacted in 2003 by the Texas Legislature as a tort reform initiative to limit past medical damages to...more

State Supreme Courts Falling In Line On Arbitration

Despite how often I talk about whack-a-mole and the tug-of-war between the state courts and SCOTUS on arbitration, the truth is that the majority of state supreme courts follow SCOTUS’s arbitration precedent (whether holding...more

Texas Supreme Court First To Extend Attorney-Client Privilege To Patent Agents

by Orrick - IP Landscape on

In re Andrew Silver, Tex. (February 23, 2018) (Justice John Phillip Devine) Last week, the Texas Supreme Court ruled that a client’s communications with his registered patent agent are protected under the attorney-client...more

Would You Please Oversee the Company’s Environmental Cleanup Program? Oh Yeah, if it Fails, You’re Personally Liable

by Gray Reed & McGraw on

After setting up new locations in Texas, N. O. Smelz, owner of Smelz Rug Cleaning, obtained a hazardous waste permit from the Texas Commission on Environmental Quality for the disposal of the company’s cleaning chemicals...more

In re Silver -- Texas Supreme Court Recognizes Patent Agent Privilege

In reversing an appellate court decision that had caused concerns throughout the patent world, the Texas Supreme Court recognized that communications between patent agents and clients could be covered by the attorney-client...more

So Far, So Right — Menchaca Has Not Changed Appraisal Law

by Zelle LLP on

Ten months ago, the Supreme Court of Texas issued an opinion which was predicted by some to change the course of Texas precedent regarding extracontractual liability after timely payment of an appraisal award. Eight months...more

Defining Trade Secrets: Texas Supreme Court May Soon Decide How Particular Trade Secrets Owners Must Be In Court

In every trade secrets case, the plaintiff faces the same fundamental dilemma: In order to enforce their rights in court, they must identify (at least to some degree) the trade secrets at issue. ...more

Fixing Problems in the Texas Insurance Appraisal Process

by Zelle LLP on

In Scottish Union & National Insurance vs. Clancy, the Supreme Court of Texas held that compliance with an appraisal provision in an insurance policy was a condition precedent to suit and had not been waived by the insurance...more

A Look Back at Texas Insurance Law in 2017

by Zelle LLP on

2017 was a busy year for insurance practitioners, legislators and jurists. The year brought a number of long-awaited Texas Supreme Court opinions, ranging from a case of simple contract construction to a lengthy opinion...more

Opinions to Expect From the Texas Supreme Court

by Gray Reed & McGraw on

The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more

On the Horizon: A Sham Affidavit Doctrine?

by Strasburger & Price, LLP on

An affidavit can defeat a motion for summary judgment by raising a fact issue. But if an affidavit contradicts a witness’s previous testimony does that raise a fact question?...more

198 Results
|
View per page
Page: of 8
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.