This week the Texas Supreme Court issued five opinions and one grant. This blog discusses one of those opinions, as well as the one grant. First, in Lion Copolymer Holdings LLC v. Lion Polymers LLC, the Court issued an opinion reversing and remanding a case from...
Year: 2020
Discovery of a Defendant’s Net Worth is not Automatic
When pursuing or defending a personal injury claim, it is important to keep in mind that claims for exemplary damages do not automatically justify digging into a defendant’s financial information. A defendant’s financial information may very well be relevant such...
Texas Supreme Court Weekly Update November 6, 2020
This week, the Texas Supreme Court did not release any opinions or grant any Petitions for Review or Mandamus. Check back with us next week for any newly released orders or opinions.
Texas Supreme Court Weekly Update October 30, 2020
This week, the Texas Supreme Court did not release any opinions or grant any Petitions for Review or Mandamus. Check back with us next week for any newly released orders or opinions.
Texas Supreme Court Revisions of the Texas Rules of Civil Procedure
The Texas Supreme Court has recently issued an order amending the Texas Rules of Civil Procedure ("TRCP"). These amendments take effect on January 1, 2021. Through the Court's comments in its order amending the rules, it seems that the Supreme Court of Texas is moving...
Texas Supreme Court Weekly Update October 23, 2020
This week, in Northland Industries Inc. et al. v. Gilbert Kouba et al., the Texas Supreme Court issued an opinion addressing whether an implied warranty of merchantability attached when the manufacturer sold a treadmill to a gym, and that defective treadmill later...
Texas Supreme Court Weekly Update October 16, 2020
This week the Texas Supreme Court issued two grants and no opinions. This blog discusses one of those grants. On February 2nd, the Court will hear oral arguments in Catholic Diocese of El Paso and Heritage Operating L.P. v. Rita Porter et al., a case from the El Paso...
When is Drug and Alcohol Testing Required for CMV Drivers?
The Department of Transportation (DOT) has established new regulations for drug and alcohol testing that pertains to CMV drivers. If your diver is governed by the Federal Motor Carrier Safety Regulations (FMCSR), he/she is subject to pre-employment drug and alcohol...
Texas Supreme Court Weekly Update October 9, 2020
Recently, in George Fleming and Fleming & Associates LLP v. Rebecca Wilson et al., the Texas Supreme Court issued an opinion addressing rules 901 and 902 of the Texas Rules of Evidence. The plaintiffs in this case consisted of about 4,000 individuals suing their...
The Itsy Bitsy Spider: Texas Supreme Court Decision on the Farae Naturae Doctrine
The farae naturae doctrine, also known as the wild animal doctrine, protects the property owner from a claim by an invitee claiming that the owner has a duty to warn. Specifically, it limits the liability of an owner for any harm caused by indigenous animals on the...