Cooke v. Karlseng, No. 05-18-00206-CV, 2019 WL 3812060 (Aug. 14, 2019), is the fourth appeal on a case originally filed in 2006. Thus--as one might expect--the underlying facts are anything but straight forward. But, the only relevant fact for this post is that the original plaintiff brought suit against a former partner for transfer of … Continue reading Your amended petition relates back—unless it doesn’t. When “changing hats” kills the relation back doctrine.
The Fifth Circuit Court of Appeal issued its opinion in Midcap Media Finance, L.L.C. v. Pathway Data, Incorporated, Number 18-50650 that remanded the case to the district court without reaching the merits of the case because the parties failed to establish diversity jurisdiction. Midcap is important because even though the parties agreed that the district … Continue reading There is no place like home – Fifth Circuit clarifies citizenship vs. residence for diversity
The Texas Supreme Court recently remanded a sanctions award back to the trial court for insufficient evidence. In Nath v. Tex. Children’s Hospital et. al., No. 17—0110, the trial court awarded sanctions in the amount of approximately $1.4 million to Defendants Texas Children’s Hospital and Baylor College of Medicine for their attorney’s fees in defending … Continue reading Texas Supreme Court mandates specific evidence to support sanction award
The Fourteenth Court of Appeals reversed the trial court’s order denying a special appearance and rendered judgment dismissing the case for lack of personal jurisdiction. The Court of Appeals’ opinion is important because it reaffirms what the Texas Supreme Court and other intermediate appellate court have consistently held that telephone calls, without more, do not … Continue reading I just called…to say…that this phone call is insufficient to establish personal jurisdiction
The Texas Supreme Court issued its opinion in McAllen Hospitals, L.P. et al. v. Yolanda Lopez et al., 17-0733, 2019 WL 2147252, and reversed an award to three nurses because it found the evidence did not show that the Hospital agreed to pay the nurses fixed annual salaries rather than an hourly rate. McAllen emphasizes … Continue reading Texas Supreme Court Denies Contract Formation Using Course of Conduct
The Fort Worth Court of Appeal issued its opinion in Musallam v. Ali, Number 02-16-00282-CV, and upheld a jury award of $904,924 to Ali on a breach of contract suit involving the purchase and sale of a business. Musallam is important because the Fort Worth COA takes an intricate look into a specific element required … Continue reading The Price Is Not Always Right—Fort Worth COA Takes a Close Look At Contract Formation
The Dallas Court of Appeals recently affirmed the trial court’s judgment to uphold a $492,664.42 debt against the individual, Jay LaFrance, where he signed a loan for Ecofriendly Water Co., LLC (EFW) but failed to note he was signing as the agent for EFW. Plaintiff Thomas Lowery agreed to loan EFW $350,000.00. However, LaFrance signed … Continue reading Failure to Put “Manager” Under a Signature Block Results in Personal Liability of Nearly $500,000 Dollar Debt
The Dallas Court of Appeals affirmed the trial court’s ruling denying a motion to compel arbitration because the arbitration clause in two non-disclosure agreements (“NDAs”) did not apply to tort claims for assault and battery in Alliance Family of Companies v. Nevarez, No. 05-18-00622-CV (April 4, 2019). In January 2018, Plaintiff Jamisha Nevarez sued Defendants … Continue reading The Dallas Court of Appeals Refuses to Expand the Scope of an Arbitration Clause Under Non-Disclosure Agreements.
The Houston Court of Appeals issued its opinion in Apache Corporation v. Cathryn C. Davis, No. 14-17-00306-CV and upheld a jury award of $150,000 to Davis on an EEOC age discrimination and retaliation suit. The Court, after a $70,000 reduction, upheld an award of attorneys’ fees of almost $700,000. Apache raises two important legal issues: … Continue reading EEOC Age Discrimination and Retaliation Suit Leads to $150,000 in Damages and over $700,000 in Attorneys’ Fees Against Employer.
In Medina v. Zuniga, No.: 17-0498, the Texas Supreme Court reversed and rendered judgment that the trial court abused its discretion in awarding sanctions. The case stemmed from a car accident in a high school parking lot (seemingly, from a practical joke). Medina drove his truck through the parking lot accelerating to high speeds and … Continue reading Texas Supreme Court Reverses Award of Attorneys’ Fees Sanctions Under Rule 215.4 Where the Defendant Does Not Make Appropriate Admissions.