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.
The Texas Supreme Court released Rohrmoos Venture v. UTSW DVA Healthcare, No. 16-006 (Tex. Apr. 26, 2019), which involved a commercial landlord (Rohrmoos Venture) and tenant (UTSW DVA Healthcare, LLP) dispute where the tenant moved out early, defeated the landlord’s breach of lease claim, and obtained a jury award for attorneys’ fees totaling $1,025,000.00. Because … Continue reading Texas Supreme Court Weighs in On Commercial/Landlord Tenant Dispute with Over One Million in Attorneys’ Fees on the Line.
The United States Fifth Circuit Court of Appeals recently issued an opinion on the failure to object to the composition of an arbitration panel that serves as a reminder to properly vet and object to potential arbitrators. Light-Age, Inc. v. Ashcroft-Smith, No. 18-20098, 2019 WL 1856644 (5th Cir. Apr. 25, 2019) Attorney Clifford Ashcroft-Smith (“Ashcroft-Smith”) … Continue reading Fifth Circuit Holds A Party Can Waive the Challenge to the Composition of an Arbitration Panel.
The Dallas Court of Appeals recently reversed a jury’s finding of fraud based, in part, on the defendant’s adherence to real estate industry standards concerning the sale of condominium. Defendant Ebby Halliday Real Estate, Inc. (“Ebby”) listed a condominium on the Multiple Listing Service (“MLS”), noting the property’s square footage as “1,178 / Tax.” … Continue reading Application of Real Estate “Industry Standards” Results in Reversal of a Fraud Based Jury Verdict
The Twelfth Court of Appeals affirmed the trial court’s ruling that an entity is barred from bringing a lawsuit more than three years after it forfeits its charter for unpaid franchise taxes pursuant to Texas Business Organizations Code Section 11.359 (“TBOC”). For several years, Ray Lewis, a principal of Lord Lewis & Coleman, LLC (“Lord … Continue reading Forfeit Your Entity Charter – Lose Your Right to Bring a Law Suit in Texas.