Trial courts in Texas often deny motions for summary judgment challenging the propriety of punitive damages in Dram Shop cases, and permit exemplary damages to be awarded by juries upon a finding of gross negligence. But is this proper? No. […]
Federal district courts are a crucial part of our judicial system. They not only handle cases arising under federal law (such as copyright, anti-discrimination statutes, and constitutional questions), but also provide litigants access to a neutral playing […]
In this article, KRCL construction lawyer Brian Stork discusses the recently passed Texas Senate Bill 219 that overrides the long-standing Lonergan Rule. Under the Lonergan Rule, Texas was one of the few states the placed responsibility for damages […]
NCAA sports have been on summer break, but that has not stopped collegiate athletics from making headlines. On June 21, 2021, the Supreme Court issued its decision in NCAA v. Alston, 594 U.S. ___ (2021), unanimously striking down an NCAA restriction […]
Over the past decade, trucking companies in Texas courts have been subject to a significant rise in large verdicts due to techniques from plaintiffs' attorneys, including the reptile theory, which highlight unrelated safety violations by the company […]
We all know that online terms of use, terms of service, terms and conditions and the like are almost always one-sided in favor of the website operator. We also know that the average website user does not actually read these terms. A common provision […]
In international arbitrations, it is not uncommon for the parties to seek the help of United States Courts to obtain discovery from litigants located in the United States. The Federal Courts of Appeals have reached conflicting decisions on whether […]
Currently, the Texas Products Liability Act defines a “seller” as “a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product […]
According to the article, "1,790 companies filed in Texas to restructure in 2020, making the state the most popular in the union for declaring bankruptcy." However most of these were larger companies and the bankuptcies coming are likely to […]
If you are a member of the legal community in Texas, especially in Houston and Dallas, then you are likely familiar with the “Blue Wave” that has swept through many of the courthouses across urban areas of the state. The last three election […]
The Texas Rules of Civil Procedure ("TRCP"), the governing procedural rules for all civil cases in Texas state courts, help provide consistency throughout the life of a case allowing cases to run more smoothly from inception to resolution. […]
In the last two months, the United States District Court for the Southern District of New York has ruled against the U.S. Department of Labor (DOL) twice, most recently on September 8, 2020. In both cases, the court sided with states challenging rules […]