On March 21, 2014, the Texas Supreme Court granted review for a case out of the Fort Worth Court of Appeals which affirmed a denial of University of Texas at Arlington's ("UTA") motion to dismiss a premises liability claim on sovereign immunity grounds including...
Month: April 2014
You Cannot Sue Kenny Powers
Dunagan v. Coleman No. 05-12-00171-CV, 2014 Tex.App. LEXIS 3712 (Tex.App.-Dallas, April 7, 2014). In an opinion released on April 7, 2014, the Dallas Court of Appeals clarified the standards of care that apply to tort cases based upon injuries sustained while...
How Much is too Much?
The Texas Supreme Court recently decided the issue on how much discovery is allowed to show bias on an expert witness. In re Ford Motor Co., 2014 Tex. LEXIS 253 (Tex. 2014) Facts of the Case: Morales was fleeing the police after being suspected of drunk driving. He...
Whose Privilege Is It Anyway?
The Case: In re Mid Century Insurance Company of Texas, 2014 Tex. App. LEXIS 2804 (Tex App.-Beaumont, Mar. 13, 2014). Issue: Can the insurer claim attorney-client privilege to protect the entire defense file from a previous case when producing the file would benefit...
Federal Courts Identify a Gap in Texas Non-Subscriber Law
The Case: Austin v. Kroger Texas L.P., No. 12-10772, 2014 WL 1142325 (5th Cir. Mar. 21, 2014). The Issue: Due to what they perceived as a gap in Texas law, the Federal Court of Appeals for the Fifth Circuit recently decided to certify the following question related to...