Legal News Archive

In Texas civil litigants are entitled to a trial by jury consisting of 12 jurors. Alternate jurors may be appointed to serve so long as they meet the same qualifications […]

Texas Jurors

In Texas civil litigants are entitled to a trial by jury consisting of 12 jurors. Alternate jurors may be appointed to serve so long as they meet the same qualifications […]

Under certain circumstances, a homeowner may be able to sue a subcontractor even though the homeowner has no direct contract with the subcontractor per a Texas Supreme Court recent opinion. […]

Homeowner May Sue Construction Subcontractor

Under certain circumstances, a homeowner may be able to sue a subcontractor even though the homeowner has no direct contract with the subcontractor per a Texas Supreme Court recent opinion. […]

In an interesting summertime beach decision the Texas Supreme Court held that the “recharacterization of private property as public [does not] constitute a compensable taking under Article I, Section 17(a) […]

Re-characterization of Private Property as Public

In an interesting summertime beach decision the Texas Supreme Court held that the “recharacterization of private property as public [does not] constitute a compensable taking under Article I, Section 17(a) […]

The aviation litigation practice at Brown Dean often involves parties and accidents outside of Texas. Thus, the doctrine of forum non conveniens is usually a litigated issue. When the plaintiffs […]

Texas Supreme Court Rules on Forum Non Conveniens Case

The aviation litigation practice at Brown Dean often involves parties and accidents outside of Texas. Thus, the doctrine of forum non conveniens is usually a litigated issue. When the plaintiffs […]

Last week the Texas Supreme Court held that the causation required in asbestosis cases is the same causation required in mesothelioma cases. The Court concluded, “…in products liability cases where […]

Texas Supreme Court Rule Regarding Causation in Asbestos Cases

Last week the Texas Supreme Court held that the causation required in asbestosis cases is the same causation required in mesothelioma cases. The Court concluded, “…in products liability cases where […]

The economic loss rules limits a party’s ability to recover purely economic losses under tort theories such as negligence and strict liability. The Texas Supreme Court’s latest decision on the […]

Economic Loss Rule Applied to Negligent Misrepresentation in Construction Claim

The economic loss rules limits a party’s ability to recover purely economic losses under tort theories such as negligence and strict liability. The Texas Supreme Court’s latest decision on the […]

On July 3, 2014, the Texas Supreme Court clarified an issue which has come up in my practice more than once – if a general contractor is sued, does the […]

General Contractors – When Sued, It Just Became Easier to Sue the Engineer or Architect.

On July 3, 2014, the Texas Supreme Court clarified an issue which has come up in my practice more than once – if a general contractor is sued, does the […]

“Minority shareholder oppression” is not a recognized cause of action in Texas. In declining to recognize the cause of action, the Texas Supreme Court stated that “existing duties and remedies […]

Texas Supreme Court Declares Minority shareholder oppression Not a Cause of Action

“Minority shareholder oppression” is not a recognized cause of action in Texas. In declining to recognize the cause of action, the Texas Supreme Court stated that “existing duties and remedies […]

Recently the Supreme Court ruled, the Affordable Care Act’s “contraceptive mandate, as applied to closely held corporations, violates RFRA [the Religious Freedom Restoration Act of 1993]”. The holding was limited […]

Supreme Court Rules on Affordable Care Act

Recently the Supreme Court ruled, the Affordable Care Act’s “contraceptive mandate, as applied to closely held corporations, violates RFRA [the Religious Freedom Restoration Act of 1993]”. The holding was limited […]

Last week, the Texas Supreme Court reaffirmed that “a land occupier owes only a duty to avoid injuring a trespasser willfully, wantonly, or through gross negligence…” Thus, claims “for simple […]

Texas Supreme Court Rules on Duty Landowner Owes to Trespasser

Last week, the Texas Supreme Court reaffirmed that “a land occupier owes only a duty to avoid injuring a trespasser willfully, wantonly, or through gross negligence…” Thus, claims “for simple […]