Non-parties such as financial institutions, accounting firms, health care providers, and other businesses are often in exclusive possession of documents and information relevant to disputes in which they have no identifiable stake. Litigants attempting […]
In today's complex world, large-scale disasters are becoming more common-place. Whether it is a drilling rig disaster, or a nuclear power plant, large scale losses are on the rise. These large scale disasters present unique and complicated […]
For employers that use stock or stock options as consideration for non-compete or non-solicit agreements, a little clarity has been provided in Texas. In Marsh USA, Inc. v. Cook, the newest Texas Supreme Court opinion to address covenants not to […]
The Consumer Product Safety Commission (“CPSC”) is an independent federal regulatory agency formed in 1972. The CPSC is assigned the task of protecting the general public from unreasonable risks of injury or death related to the use […]
In many construction projects, the general contractor, instead of the owner, hires design professionals, such as engineers and architects, to assist in the design of the structure. Therefore, in such situations, a contract will obviously not exist […]
In the commercial construction industry, especially in cycles of downturn in the overall economy, instances often arise in which the owners of projects encounter financial difficulties. This can result in an abandonment of the project by the owner […]
The Texas Supreme Court, in a case of first impression, In re Reece, 341 S.W.3d 360 (Tex. 2011), recently addressed the issue of whether perjury committed during a deposition is subject to criminal contempt. The Court said no, and issued a warning […]
The United States Supreme Court recently rendered an important decision that will have wide-ranging implications related to potential employer liability in connection with unlawful discrimination claims. In Staub v. Proctor Hospital, the Court […]
For the second time in eight years, the Texas legislature instituted significant changes to the state’s civil litigation practice in the form of H.B. 274, which will become effective on September 1, 2011. To its proponents, H.B. 274 is a […]
Until July 1, 2011, a debate existed among personal injury lawyers and judges in Texas as to the proper measure of past medical expenses; namely, should the jury consider the total amount billed for the plaintiff's treatment or only that amount that […]
There is a common misconception that when casually surfing the web you have some modicum of anonymity. No one really knows what web sites you visit, what texts you post, what videos you watch, what emails you send and receive, and what messages you post […]
In 2003, the Texas legislature enacted an "Offer of Settlement" rule to encourage litigants to accept reasonable settlement offers by invoking a form of "fee shifting" or "loser pay" system. The Offer of Settlement […]