Title III of the Americans with Disabilities Act (ADA) gives rights of equal access to places of public accommodation. For people who are deaf or hard of hearing, Title III requires businesses to remove barriers to communication. Restaurants and other […]
Owners of agricultural land in Texas may be entitled to additional limited liability protection thanks to a bill passed in the most recent Texas legislative session and signed by the Governor. The Texas Agritourism Act ("Agritourism Act"), […]
In late May 2016, the Texas Supreme Court issued a decision potentially affecting any Texas trade secret litigation. In In re M-I L.L.C., 2016 WL 2981342 (Tex. May. 20, 2016) the Court held trial courts should use a balancing test to determine if a party […]
Many restaurants participate in the Shoes for Crews ("SFC") Corporate Program. Shoes for Crews manufactures and sells non-slip footwear that provides "unmatched slip-resistance outsole technology."[3] Employers in the hospitality industry frequently […]
The doctrine of standing is a fundamental aspect of federal court jurisdiction which "limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong." A plaintiff bears the burden of establishing […]
This case began in July 2011 when 73 retired professional football players sued the NFL for failing to protect them from the chronic risk of head injuries in football. The NFL removed the case to federal court and more lawsuits followed. In January 2012 […]
Like many other Ponzi schemes, R. Allen Stanford’s operated by selling Certificates of Deposit and paying an initial group of victims a high return using subsequent investors’ money, all the while taking large portions of the investment funds […]
By now, it is no secret that the energy industry has been ravaged. Every street corner with a gas station displays a reminder of sagging oil prices. And if $30 per barrel oil was not bad enough, energy companies have another woe to add to the list— […]
In 2013, in the Edwards Aquifer Authority v. Glenn and JoLynn Bragg decision, the Texas Fourth Court of Appeals, for the first time in Texas history, ruled that the regulation of groundwater violated a property owner's rights under the Texas Constitution […]
In Campbell-Ewald Co. v. Gomez, the Supreme Court recently decided a previous split between the Federal Circuit Courts. Specifically, the Court considered the issue whether a case is moot and beyond the judicial power of Article III of the Constitution […]
On January 7, 2016, the Fifth Circuit adopted a presumption in favor of retaining federal jurisdiction in class actions removed under the Class Action Fairness Act ("CAFA"). The decision is good news for class action defendants. It places the […]
Texas is no longer out of step with the majority trend in other jurisdictions permitting loss of use damages in cases involving totally destroyed property. In addition to recovering the fair market value of destroyed property, the owner or subrogated […]