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Alternative Dispute Resolution in Texas - Trends and Tips

According to statistics from the Texas Office of Court Administration, the number of civil lawsuits tried to jury verdict has steadily declined over the years while the number of lawsuits filed annually has increased. One explanation for this trend is […]

The Duty to Warn of Open and Obvious Hazards Remains Unclear

While Section 406.033 of the Texas Labor Code clearly establishes that nonsubscribing employers cannot rely on the defense that an employee assumed the risk of injury in performing the activity that led to the employee's on-the-job injury, Texas courts […]

Springtime is Stern time

On May 26, 2015, continuing a springtime ritual for bankruptcy lawyers, the Supreme Court issued its latest "progeny of Stern" ruling on the adjudicative authority of the bankruptcy courts.  In a 6-3 decision the Court held that  "Our precedents make […]

Texas Supreme Court Rules Expert Opinions on Fire Cause Unreliable

This past Friday, the Texas Supreme Court issued its opinion in Gharda USA, Inc. and Gharda Chemicals, Ltd. v. Control Solutions, Inc., United Phosphorus, Inc., and Mark Boyd; a case that will provide defendants with additional ammunition to attack subrogation […]

Golf Channel Learns Hazards Of Playing With A Ponzi Scheme

The recent Fifth Circuit decision in Janvey v. The Golf Channel, Inc. ("Golf Channel") reminds us again that sometimes, despite our best efforts, bad things happen to good people.  In that case, the Golf Channel learned a painful lesson arising out […]

Joseph M. Coleman

Clarifying the Meaning of “Fair Market Value” in Deficiency Suits

Section 51.003 of the Texas Property Code entitles borrowers to an offset against deficiency judgments in the amount the property’s fair market value, if, on the date of foreclosure, the fair market value exceeds the foreclosure sale price. Last month […]

Evidence of Failure to Use a Seatbelt Now Admissible in Texas

In a landmark decision delivered last month in Nabor Well Services, Ltd v. Romero, the Texas Supreme Court overturned more than 40 years of precedent and unanimously reversed the Court's long-standing prohibition on evidence concerning a claimant's failure […]

Karin Zaner published in Dallas Medical Journal

Karin Zaner, director at KRCL was recently published in the May issue of the Dallas Medical Journal.  Karin gave physicians tips on avoiding pitfalls in social media. Click here to read the full article.

A New Look at Implied Warranties for Used Goods

Recently, the Supreme Court of Texas examined whether a buyer of used goods may assert claims based on the implied warranty of merchantability.  See MAN Engine & Components, Inc. v. Shows, 434 S.W.3d 132 (Tex. 2014).  The implied warranty of merchantability […]

Can Employers Prohibit Employees From Discussing Their Salaries?

As we approach the end of the year, many employers are in the process of completing annual performance reviews and making decisions related to employee compensation.  As a result of normal water cooler talk and office scuttlebutt, employees are often […]