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Articles

Employee Background Checks: Duties And Limitations On The Employer

Conducting background checks is both a necessary and risky venture that employers take on when hiring and retaining employees. Employers are increasingly finding themselves in litigation challenging the use of background checks as part of the screening […]

New Texas Statute Affecting Condominium Construction Defect Claims

Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code […]

David H. Fisk

Loss-of-Use Damages in the Event of a Total Loss

On September 22, 2015, the Texas Supreme Court will hear oral argument in the case J&D Towing, LLC v. American Alternative Insurance Corporation, and the ruling could potentially have drastic effects upon how insurers handle and value property damage […]

Derivative Shareholder Litigation Involving Closely Held Corporations

The Texas Supreme Court’s recent decision in Sneed v. Webre strengthened the rights of shareholders of closely held corporations to challenge irresponsible or self-serving corporate management. Sneed v. Webre, No. 12–0045, 2015 WL 3451653 […]

Two Wins for Defendants In Personal Injury Litigation

In June of 2015, Governor Greg Abbott signed Senate Bill 735 and House Bill 1692 into law. Both bills impact personal injury and wrongful death litigation in Texas. Senate Bill 735 limits discovery of a defendant’s net worth in connection with […]

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 […]

Lawrence T. Bowman