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 […]
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 […]
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 […]
KRCL represents some amazing clients. Case in point—check out Dallas pulmonary and critical care specialist Dr. Michelle Chesnut on the July 2015 cover of Texas Medicine (the Texas Medical Association’s monthly publication). Dr. Chesnut was featured […]
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 […]
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 […]
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 […]
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 […]
In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the failure of a product and […]
Apple. Microsoft. Google. Starbucks. Wal-Mart. People generally hold certain views and beliefs about each of these companies. But what happens when a competitor makes false statements that intentionally damage the reputation of such a company […]
Procedural rules are generally complex and confusing to non-lawyers, but Rule 202 of the Texas Rules of Civil Procedure must certainly befuddle them: "So I'm being sued to find out if I can be sued?" As such, a potential defendant could arguably […]