Introduction. In this tragic case involving interesting legal issues, a ranch hand was killed when he was trampled by cattle while working for a ranch. The ranch hand’s surviving parents and children sued the ranch for wrongful death and survival claims. The ranch was a nonsubscriber under the Texas Workers Compensation Act. However, the
U.S. Supreme Court Paves the Way for Profit Disgorgement in Trademark Infringement Cases
Introduction. In this age of global unrest, intellectual property disputes are becoming more prevalent. The Supreme Court of the United States (SCOTUS) has now made it clear that the victim of trademark infringement does not have to show that the infringer acted willfully in order to recover a profits award for the false or
Court Denies Brothers’ Will Contest Claim Against Decedent’s Live-In Girlfriend
Zeke lost his battle to cancer and died in 2018. He had no children and was survived by his 2 brothers, George and William. In 2010, Zeke drafted a Will leaving everything to Linda who Zeke had lived with for 30 years. George and William contested the 2010 Will on the grounds that Zeke was
$200+ Million Oil and Gas Breach of Contract Claim Denied by Texas Supreme Court
Introduction. In the COVID19 age, Business transactions and formal legal proceedings are now commonly being conducted remotely. In the recent Texas Supreme Court decision of Chalker Energy Partners III, LLC v. Le Norman Operating LLC, 595 S.W.3d 668, 669–70 (Tex. 2020), the Court recognizes that transactions conducted remotely and through email can result
Remnants of Texas Open Range Laws Protect Rancher from Liability for Personal Injuries
Introduction. My 13 year old son and I were recently traveling through a small Texas town and saw a sign that said computers and guns for sale. Where else but Texas would you find this? Of course, we still have remnants of the open range laws in our great state.
This brings me to
Investigator’s Plan to Bilk Client out of His Inheritance Foiled by Texas Jury
Like most will contests, the case of In re Estate of Buford is about good old-fashioned greed. Buford’s investigator and the investigator’s assistant convinced Buford over a period of three years to execute a series of wills to their benefit. The jury found that the wills were either signed without testamentary capacity or as the
Texas Court of Appeals Holds Case involving Defective Football Field Artificial Turf Must be Retried–Six Years after Dispute Arose
Introduction. In this construction defect case, Pleasant Grove Independent School District (“Pleasant Grove”) sued its general contractor, Altech, Inc. (“Altech”), for breach of warranty and the manufacturer, FieldTurf USA, Inc. (“FieldTurf”), for breach of warranty and fraud, pertaining to the installation of artificial turf in the construction of Pleasant Grove’s new football field. Pleasant
Texas Homebuyers Beware–Closing Document Language May Render Seller Disclosure Statements Meaningless
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
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