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...
Month: September 2020
Texas Supreme Court Weekly Update September 25, 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 grants or opinions.
Defense Attorney Sanctioned After Pre-Trial Survey of the Jury Pool: Texas Supreme Court Overrules
The Supreme Court of Texas recently reversed an order for sanctions against the defense attorney in a product-liability and wrongful-death case after finding a lack of evidence to support bad-faith. In Brewer v. Lennox Hearth Prods., LLC, the attorney for a...
Defense Attorney Sanctioned After Pre-Trial Survey of the Jury Pool: Texas Supreme Court Overrules
The Supreme Court of Texas recently reversed an order for sanctions against the defense attorney in a product-liability and wrongful-death case after finding a lack of evidence to support bad-faith. In Brewer v. Lennox Hearth Prods., LLC, the attorney for a...
THE PITFALLS OF EXPERT QUALIFICATION
A recent opinion from the Southern District of Florida, O’Malley v. Royal Caribbean Cruises, Ltd., provides a stark reminder of the importance of properly qualifying an expert. No. 17-21225-Civ-SCOLA/TORRES, 2018 Lexis 99052 (S.D. Fla. June 13, 2018). In this case,...