Lawsuits involving alleged violations by former employees of non-competition agreements are often hotly contested and involve injunctive relief. These cases can be challenging for the employer to obtain relief because covenants not to compete are governed by statutory law requiring these restrictive covenants to be reasonable as to time, geographical area, and scope of activity
Change in Texas Personal Property Law
“It is cheaper to kill a mare than it is to cripple her.” This was considered the law in Texas until the recent Texas Supreme Court decision of J & D Towing, LLC v. Am. Alternative Ins. Corp., 478 S.W.3d 649, 652 (Tex. 2016) involving the question of first impression before the Texas Supreme Court
Court Dismisses Lawsuit Against Architect and Engineers because Plaintiff Failed to Timely File Supporting Expert Witness Affidavit
In Texas, a plaintiff filing a lawsuit pertaining to a construction project for damages arising out of the provision of services by licensed design professionals such as architects or engineers, must file an affidavit by a competent expert with the lawsuit supporting the claims against these professionals. Otherwise, the lawsuit will be dismissed.
This issue
Texas Supreme Court Reverses another Multi-Million Dollar Business Fraud Verdict
Introduction. The Texas Supreme Court recently reversed another multi-million dollar business fraud verdict in Mercedes-Benz USA, LLC v. Carduco, Inc., 16-0644, 2019 WL 847845, at *1 (Tex. Feb. 22, 2019). The court found that the underlying contract between the parties negated the fraud claim.
Background. In this case, Carduco, Inc. entered into
Texas Supreme Court Reverses $5 million Fraud Award for Punitive Damages
Introduction. The Texas Supreme Court has now held that contractual limitation of liability clauses barring a party’s right to recover punitive damages are enforceable, even if one of the parties to the contract commits fraud. Bombardier Aerospace Corp. v. SPEP Aircraft Holdings, LLC, 17-0578, 2019 WL 406075, at *8 (Tex. Feb. 1, 2019)
Background
Texas Supreme Court Holds Breach of Implied Warranty to Repair in Good and Workmanlike Manner Actionable under Texas Common Law
The Texas Supreme Court has finally put to rest the question of whether the implied warranty to repair or modify tangible goods or property in a good and workmanlike manner can only be brought by a consumer under the Texas Deceptive Trade Practices Act (DTPA) or whether it can be brought under the common law
Court Imposes Constructive Trust upon Life Insurance Proceeds
The equitable constructive trust. In Texas, a court acting in equity may impose a constructive trust upon property held by a party to a transaction that belongs to another. The Austin Court of Appeals recently used this remedy to impose a constructive trust upon life insurance proceeds that, under a divorce decree, should have
ATV Accident Jury Verdict Reversed
If the Texas recreational-use statute applies, then a landowner’s liability is limited when a guest is injured on the owner’s property while engaged in recreation. (See Chapter 75 of the Texas Civil Practice & Remedies Code).
In the recent case of Meredith v. Chezem , 03-18-00256-CV, 2018 WL 6425017 (Tex. App.—Austin Dec. 7, 2018,
Trust Beneficiaries Failed to Plead they Had Standing to Sue on Behalf of their Trusts
Corporate and trust litigation can be tricky. In a recent Texas case, the Corpus Christi Court of Appeals held that trust beneficiaries failed to plead facts showing they had the legal right–standing–to bring a lawsuit on behalf of their own trusts. As a result, they lost their case on summary judgment.
The case of
Austin Court of Appeals Holds Texas Anti-SLAPP Statute Applies to Corporate Dispute
In 2011, the Texas Legislature passed the Texas Citizens Participation Act (TCPA) also characterized as an anti-SLAPP statute (Strategic Lawsuit Against Public Participation). “The purpose of this [Act] is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted