The Dallas Court of Appeals, in a case decided August 20, 2012, held that a litigant in arbitration who had information relevant to its post arbitration claim of "evident bias" waives that argument by failing to object to bias during the arbitration process. Ponderosa...
In July 2011, the Texas Supreme Court in Haygood v. De Escabedo held medical expenses, and the admissibility of evidence of medical expenses, are limited by statute to the amounts actually paid or incurred by the claimant. Unfortunately, the opinion offers very little...
In a recent Texas Supreme Court case, the Court considered whether the Defendants satisfied the requirements to set aside a non-answer default judgment. See Milestone Operating Inc. v. ExxonMobil Corp., no. 11-0647, 2012 WL 5285085, (Tex. Oct. 26, 2012). In this case,...
In Pipkin v. Kroger, the Houston Court of Appeals decided that an affidavit executed by a child could be competent evidence to defeat a summary judgment. Shea Pipkin was shopping at a Kroger store with his ten-year old son, Roman, when he slipped and fell on water....
Recently, in the case of Gann v. Anheuser-Busch, Inc. and Falls Distributing, no. 08-11-00017-CV, 2012 WL 3026369 (Tex. App.-El Paso July 25, 2012), the El Paso Court of Appeals addressed a Plaintiff's product liability claim against Anheuser-Busch and Falls...
The Fort Worth Court of Appeals attempted to clarify the sometimes confusing law concerning the damages available when a victim of negligence dies. Cunningham v. Haroona, NO. 02-07-00231-CV, 2012 Tex. App. LEXIS 7053 (Tex. App. Fort Worth Aug. 23, 2012, no pet.) (the...
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This article is downloadable as a PDF here.
This article is downloadable as PDF here.
This article is downloadable as PDF here.
