Introduction. The failure of the plaintiff in a construction lawsuit to properly address the unique procedural and evidentiary issues involved may result in the dismissal of the plaintiff’s claims. This is exactly what happened to the plaintiff in a recent case filed in San Antonio, Texas against an architectural firm when the plaintiff failed
Introduction. The Texas Supreme Court reversed a judgment rendered against IBM originally in the amount of $21 million because Lufkin Industries disclaimed its reliance upon IBM’s misrepresentations in the written contract between the parties. Int’l Bus. Machines Corp. v. Lufkin Indus., LLC, 573 S.W.3d 224 (Tex. 2019), reh’g denied (May 31, 2019).
Background
In Texas, handwritten wills are enforceable if they meet certain criteria. To be valid, a holographic will “must be signed by the testator and wholly in the testator’s handwriting.” Ajudani v. Walker, 177 S.W.3d 415, 418 (Tex. App.—Houston [1st Dist.] 2005, no pet.). Of course, many interesting issues arise in determining whether a handwritten
Introduction. Another Texas construction design defect case was recently dismissed under the Texas Certificate of Merit statute because the plaintiff failed to file a proper affidavit by a qualified design professional in support of the lawsuit. Kayne Anderson Capital Advisors, L.P. v. Hill & Frank, Inc., 570 S.W.3d 884 (Tex. App.—Houston [1st Dist.]
Introduction. The Fan Expo, LLC sued the NFL for tortious interference with Fan Expo’s contract with Electronic Arts, Inc. (EA). The trial court granted the NFL’s motion for summary judgment and rendered a take nothing judgment against Fan Expo leading
Introduction. The case of Rhormoos Venture v. UTSW DVA Healthcare, LLP, addressed the issue of whether a tenant is legally permitted to terminate a commercial lease based upon the landlord’s material breach of the lease. 16-0006, 2019 WL 1873428 (Tex. Apr. 26, 2019). The court reviewed its prior decisions on this issue and
Introduction. The case of Zermeno v. Garcia is about a business divorce gone bad, leading to costly and protracted litigation between family members over the operation of a family-owned concrete business. 14-17-00843-CV, 2019 WL 2063090 (Tex. App.—Houston [14th Dist.] May 9, 2019, no pet. h.). After the initial lawsuit was filed, the parties entered
Introduction. Preston Marshall, Appellant V. Ribosome L.P, is an interesting trust and limited partnership dispute involving the descendants of Texas oilman J. Howard Marshall II. 01-18-00108-CV, 2019 WL 2041062 (Tex. App.—Houston [1st Dist.] May 9, 2019, no pet. h.). The trial court granted a summary judgment against Preston Marshall on his claims against Ribosome
Introduction. The case of Jang Won Cho v. Kun Sik Kim, involves a dispute between 3 investors who invested in a retail strip shopping mall venture in Houston, Texas. No. 14-16-00962-CV, 2019 WL 1442412 (Tex. App.—Houston [14th Dist.] Apr. 2, 2019, no pet. h.). The 3 investors formed a corporation in which they
Introduction. The San Antonio Court of Appeals has held that a property owner’s personal injury premises defect claim sounded in negligence rather than premises liability, even though the injuries were not caused by a contemporaneous activity of the contractor allegedly at fault. Arredondo v. Techserv Consulting & Training, Ltd., 567 S.W.3d 383 Tex. App.—San