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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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 […]
Jason Binford and John Kane have co-authored an article published in the September issue of the Texas Dairy & Ag Review. The article discusses the powerful protection that a trust fund claim provides to Texas milk producers. Click on […]
Debtor-in-possession financing ("DIP financing") is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases. Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new […]
The advancement of technology, the preservation of electronic evidence, and concerns over imposing sanctions when discoverable electronic evidence is lost as a result of routine business, spurred the Texas Supreme Court to bring much-needed clarity to […]