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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 […]

The Motor Carrier Act/MCS-90 Endorsement Duty to Defend When No Coverage Exists?

Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility[1] through insurance or other forms for bodily injury or death to any person due […]

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 […]

NFL Concussions: Impact on Traumatic Brain Injury Litigation

With the recent high profile NFL concussion litigation, traumatic brain injury ("TBI") cases have received a great deal of notoriety from the press and the public.  Where this injury used to be spoken of by doctors and trainers, TBI cases […]

Corporate Representative Depositions in Texas: The Basics Explained

If your company becomes involved in litigation, chances are it will be asked to present a corporate representative for deposition.  A corporate representative deposition is one in which the company names a person to testify on behalf of the company […]