In this residential property contract case, the Court addressed whether “as-is” and disclaimer-of-reliance contractual provisions contained in the closing documents barred the homebuyer’s claims for fraud, negligent misrepresentation and violations of the Deceptive Trade Practice Act (DTPA), even when the seller’s disclosure statement apparently misrepresented and omitted material information. Pogue v. Williamson, 01-17-00844-CV, 2020
Reversal of $500+ Million Judgment in Pipeline Partnership Dispute Affirmed by Texas Supreme Court
Introduction. As a matter of first impression, the Texas Supreme Court, in Energy Transfer Partners, L.P., et al (“ETP”) v. Enterprise Products Partners, L.P., et al (“Enterprise”), affirmed the reversal of a judgment exceeding $500 million involving a pipeline partnership dispute, on the grounds that in Texas parties can contract for conditions precedent
Court Imposes a Constructive Trust to Prevent Brother from Cheating his Sister out of Family Farm
Introduction. In the fraud case of Pettit*v. Tabor, Marilyn Eileen Pettit Tabor (Lyn) ‘conveyed her interest in the family farm to her brother, Robert York Pettit (Bob), based upon Bob’s promise to protect the property and to reconvey it to Lyn. However, when it came time for Bob to reconvey the farm
Court Holds that Decedent’s Son Inherited 874 Acre Farm Free and Clear of Surviving Husband’s Community Property Interest Claim
A person’s inheritance rights can be affected by the community property interest of a surviving spouse as exemplified in the recent case of House v. Webb, 06-19-00054-CV, 2019 WL 6121124, at *1 (Tex. App.—Texarkana Nov. 19, 2019, pet. denied). The results of this case turned on whether the decedent had acquired real property by gift
Judgment of $145,460 for Medical Bills Incurred by Plaintiffs Injured in Motor Vehicle Collision Overturned for Lack of Medical Expert Evidence
Introduction. In the recent motor vehicle collision case of Hills v. Donis, the Houston Court of Appeals overturned a judgment awarding the Plaintiffs $145,460 for past medical expenses because the Plaintiffs failed to present competent medical expert testimony proving that their injuries were caused by the collision. 14-18-00566-CV, 2020 WL 206187, (Tex.
$3,131,064 Texas Jury Verdict Against Automation and Software Development Company for Negligent Misrepresentation Upheld by 5th Circuit Court of Appeals
Introduction. Negligent misrepresentation and fraud can be viable alternative causes of action to a breach of contract claim, as shown by the recent Texas federal court case of Correct RX Pharmacy Services, Inc. v. Cornerstone Automation Sys., L.L.C., 945 F.3d 423 (5th Cir. 2019). In this case, Plaintiff, Correct RX Pharmacy Services (“
Texas Business Owner’s Failure to Plan Lead’s to Court Ordered Guardianship
Introduction. The failure to plan for your estate and the succession of your business while you are healthy and mentally competent can lead to drastic and expensive measures, as shown by the recent high profile Texas case of In re Guardianship of Thrash, 04-19-00104-CV, 2019 WL 6499225 (Tex. App.—San Antonio Dec. 4, 2019,
COVID 19–Contractual Defenses Part 2–Impossibility or Impracticability of Performance
We previously discussed that in Texas, like most states, performance under a contract containing a force majeure clause may be excused by acts of god or other exigent circumstances defined by the clause. However, even if the contract does not contain a force majeure clause, all is not lost if COVID–19 related events are making
COVID–19 Contractual Defense of Force Majeure
In Texas, like most states, performance under a contract containing a force majeure clause may be excused by acts of god or other exigent circumstances defined by the clause. Force majeure is a creature of contract and will only be applicable to the extent expressed in the contract. “The scope and effect of a “
Texas Court of Appeals Holds Workers Compensation Nonsubscribing Workers Compensation Employer Liable for Employee’s Injuries Sustained in Fall from Ladder
Texas Court of Appeals Holds Workers Compensation Nonsubscribing Workers Compensation Employer Liable for Employees Injuries Sustained in Fall from Ladder
The benefit to Texas employers in maintaining workers compensation insurance is that they are shielded from liability to employees injured on the job. In exchange, employees are entitled to recover workers compensation benefits for injuries