The Case: Richmont Holdings, Inc., et al v. Superior Recharge Systems, L.L.C., 2014 Tex. LEXIS 1211 (Tex. Dec. 19, 2014) Facts: Richmont Holdings, Inc. ("Richmont") bought the assets of Superior Recharge Systems, L.L.C. ("Superior"). The asset purchase agreement...
Year: 2014
The Bassett Firm Holiday Recipes
Enough case law. Enough interpreting statutes. Enough analysis of the Texas legal landscape. This edition of The Bassett Bulletin contains our favorite Christmas recipes. NONE of them are calorie free. But they are all darn tasty. Feel free to use them and take full...
The Texas Supreme Court has Recently Clarified when a Request for Production is Overbroad
In Re National Lloyd's Insurance Company, 58 Tex. Sup. J. 64 (Tex. 2014) The Facts: The Supreme Court recently considered a Petition for Writ of Mandamus in the case of In Re National Lloyd's Insurance Company, 58 Tex. Sup. J. 64 (Tex. 2014). The Mandamus arose from a...
Representations do not Contemplate Criminal Conduct under the DTPA
Bryant v. S.A.S., 416 S.W.3d 52 (Tex. App.-Houston [1st Dist.] 2013, pet. filed) The Facts: Beth Bryant worked for a childcare center that was operated by a church. Beth began circulating a flyer which advertised the babysitting services of her sixteen-year-old son,...
Hospital Slip and Fall = Health Care Liability Claim?
The Case: Ross v. St. Luke's Episcopal Hosp., 2013 Tex. App. LEXIS 2796 (Tex. App.-Houston [14th Dist.] Mar. 19, 2013, pet. granted) Brief Facts: Lezlea Ross slipped and fell in a lobby of St. Luke's Episcopal Hospital after visiting a patient. Ms. Ross alleged that...
Fleet Maintenance: How Your Small Mistakes Can Turn Into Big Losses
Our Firm defended a trucking company in a negligence action where the Plaintiff alleged that a fatality accident was caused by our company's poor fleet maintenance. The following outlines the failures made leading up to the accident, and the steps that a trucking...
Piercing the Veil of Graves Amendment Protection
The Case: Stratton v. Wallace, No. 11-CV-74-A HKS, 2014 WL 3809479 (W.D.N.Y. Aug. 1, 2014) Brief Facts: Julie Stratton was traveling in western New York when she struck a deer, disabling her vehicle. As Stratton waited in her car for help to arrive, a tractor-trailer...
Be Careful What You Plead For
The Case: Preferred Contrs. Ins. Co. Risk Retention Group, L.L.C. v. Finnels, 2014 U.S. App. LEXIS 17512 (5th Cir. Tex. Sept. 10, 2014) Brief Facts: Calvin Finnels was a truck driver who worked as an independent contractor for Gulf Coast. Mr. Finnels helped deliver a...
Is it True that Nothing Strengthens Prior Legal Authority so Much as Remedial Legislative Silence?
The Case: Nabors Wells Servs. v. Romero, 408 S.W.3d 39 (Tex. App.-El Paso 2013 pet. granted). Update: Back in March of this year, we blogged about the issue of seatbelt use in Texas. You can see the previous blog post at:...
We know who Determines if the Bag O’ Glass is Unreasonably Dangerous . . . but what About Utilitarian Products?
The Case: Genie Indus., Inc. v. Matak, 2012 Tex. App. LEXIS 10103 (Tex. App.-Corpus Christi Dec. 6, 2012, pet. granted) The Brief Facts: A worker died as the result of falling from a forty foot platform lift. The fall happened when the lift was moved while in the...