April 2020 - Liquidated Damages Provision - Texas Law
In Texas, the party seeking to enforce liquidated damages has the burden of showing that (1) “the harm caused by the breach is incapable or difficult of estimation” and (2) “the amount of liquidated damages called for is a reasonable forecast of just compensation”.
March 2020 Newsletter - Bankruptcy Special Edition
Bankruptcy courts are facing unique challenges given the intersection of COVID-19 and the accompanying economic downturn. Creditors therefore need to also be sensitive to protecting their rights if it is expected that bankruptcy filings will tick upwards over the next 60 days.
March Newletter - Special Corona Virus Issue
Coronavirus is officially a pandemic — which, in the realm of infectious diseases, is the worst case scenario.
March 2020 Newsletter - Bankruptcy update
The automatic stay is perhaps the most fundamental protection for a debtor in bankruptcy.
February 2020 Newsletter - Legal Fees and Arbitration in Texas
Legal Fees and Arbitration in Texas
January 2020 Newsletter
Can the Texas Performance Bond Surety Be Liable After Substantial Completion?
December 2019 - Texas Supreme Court Creates New Path for Defendants to Recover Attorneys’ Fees in Texas – Has Fee-Shifting Swallowed the American Rule?
Texas Supreme Court Creates New Path for Defendants to Recover Attorneys’ Fees in Texas – Has Fee-Shifting Swallowed the American Rule?
July 2019 - Post-Appraisal Summary Judgment Affirmed – and Gutted
Post-Appraisal Summary Judgment Affirmed – and Gutted
July 2019 - Bankruptcy - Ask and ye shall (usually) receive
There are many bankruptcies where a debtor is looking to reorganize and needs continued surety support during the pendency of the bankruptcy. This leads to an opportunity early on to receive accommodations and make deals.
June 2019 Newsletter
With summer upon us, many will venture out on the great American road trip to experience the unique features our country has to offer (most, I assume, will travel to see Cowboys Stadium, home of America's team). Like the variety offered by our country's travel destinations, we too see this in application of legal concepts from state to state.
The attached newsletter addresses two important areas of the law – reliability of expert opinions and the economic loss rule – and how the results can be widely different depending on the jurisdiction. We offer sample illustrations from the great states of Texas and Florida (where the Firm actively practices – in addition to Oklahoma and Arkansas). On the expert front, Florida has now finally adopted the federal Daubert standard. Excluding expert testimony is a marvelous tool in litigation, particularly in the construction context where damage calculations and theories of liability are often ad hoc and off the cuff. In terms of the economic loss rule, while Texas remains in the majority that holds that a design professional cannot be sued in tort by parties that do not have a contractual relationship with it, this is not case in Florida. Rather, Florida does allow tort recovery if the specific facts show “control” by the design professional.
Happy summer to all, and I will personally buy a Dallas Cowboys T-shirt for whoever submits the best vacation photo.
March 2019 Newsletter
Contractual Language Defeats $100,000,000 Fraud Verdict as a Matter of Law
Construction and Surety Law Recent Judicial Decisions
Construction and surety law is a broad field that covers a vast number of topics and issues. Given this size, there is a constant stream of judicial decisions that could affect your next legal dispute. The attached newsletter highlights three such decisions:
US Specialty Insurance Co. v. Strategic Planning Associates, LLC out of the US District Court for the Eastern District of Louisiana. In an indemnity lawsuit, there is no bad faith counterclaim under Louisiana law.
Jody James Farms, JV v. The Altman Group, Inc. out of the Texas Supreme Court. The Court, and not the arbiter, decides whether there will be arbitration between a signatory and non-signatory to an arbitration agreement.
Dudley Constr. Ltd. v. Act Pipe and Supply, Inc. out of the Texas Supreme Court. Attorneys’ fees are not recoverable in a Texas Trust Fund Act claim.
Should you be faced with one of these issues, or any other legal dispute, it is important to consult experienced counsel to explore your options and protect your rights.
We are ready to help you in any endeavor.
February 2019 Newsletter - TX Supreme Court set to hear two post appraisal summary judgment cases
We’ve all seen the classic Texas insurance policy lawsuits. The ones that allege a plethora of contractual and extracontractual claims and seemingly pop up out of nowhere. In reality, these suits are not about justice. They are about lining the pockets of plaintiffs’ counsel. Our firm has a wealth of experience in fighting – and beating – these lawsuits. Our approach is simple: (1) invoke appraisal; (2) pay the award; and (3) move for summary judgment—which should be granted. This approach is well grounded in a long line of Federal District Court, Texas Court of Appeals, and 5th Circuit Court of Appeals authority—but so far, the Texas Supreme Court hasn’t weighed in. This will soon change. The Court is set to hear oral argument in two post appraisal summary judgment cases. The attached newsletter provides an update on this crucial area of the law for Texas insurers. Be on the lookout for additional updates from us after the Court hears oral argument, and after a decision is rendered.
January 2019 Newsletter
eDiscovery Update: Phones, Emails, Hash Values and Saving Costs by Self-Authenticating ESI
July 2018 Newsletter
Have you considered and Appraisal Expert for Building the Difference-in-Value Defense? Defendants would be wise to build a “difference-in-value” defense, bolstered by an appraisal expert
September 2017 Newsletter – Hurricane and Appraisal
Hurricane Harvey or Irma Insurance Dispute? How About Appraisal – The Top 10 Items to Consider When Invoking Appraisal
Florida Litigation News
The Miccosukee Million - where allegations are suspect, evidence for the other side is tenuous, and opposing counsel is unreasonable and likely is giving bad advice.
South Florida Construction Activity is Hot, Hot, Hot!
The South Florida construction scene is sizzling with rapid growth in commercial, residential and industrial sectors.
The Con-Tortionist Texas Supreme Court
Defining “to perform its work in a good and workmanlike manner”
ARTICLES
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April 2020 - Liquidated Damages Provision - Texas Law
In Texas, the party seeking to enforce liquidated damages has the burden of showing that (1) “the harm caused by the breach is incapable or difficult of estimation” and (2) “the amount of liquidated damages called for is a reasonable forecast of just compensation”.
-
March 2020 Newsletter - Bankruptcy Special Edition
Bankruptcy courts are facing unique challenges given the intersection of COVID-19 and the accompanying economic downturn. Creditors therefore need to also be sensitive to protecting their rights if it is expected that bankruptcy filings will tick upwards over the next 60 days.
-
March Newletter - Special Corona Virus Issue
Coronavirus is officially a pandemic — which, in the realm of infectious diseases, is the worst case scenario.
-
March 2020 Newsletter - Bankruptcy update
The automatic stay is perhaps the most fundamental protection for a debtor in bankruptcy.
-
February 2020 Newsletter - Legal Fees and Arbitration in Texas
Legal Fees and Arbitration in Texas
-
January 2020 Newsletter
Can the Texas Performance Bond Surety Be Liable After Substantial Completion?
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December 2019 - Texas Supreme Court Creates New Path for Defendants to Recover Attorneys’ Fees in Texas – Has Fee-Shifting Swallowed the American Rule?
Texas Supreme Court Creates New Path for Defendants to Recover Attorneys’ Fees in Texas – Has Fee-Shifting Swallowed the American Rule?
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November 2019 - eDiscovery: 5 Keys to Success
eDiscovery: 5 Keys to Success
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July 2019 - Post-Appraisal Summary Judgment Affirmed – and Gutted
Post-Appraisal Summary Judgment Affirmed – and Gutted
-
July 2019 - Bankruptcy - Ask and ye shall (usually) receive
There are many bankruptcies where a debtor is looking to reorganize and needs continued surety support during the pendency of the bankruptcy. This leads to an opportunity early on to receive accommodations and make deals.
-
June 2019 Newsletter
With summer upon us, many will venture out on the great American road trip to experience the unique features our country has to offer (most, I assume, will travel to see Cowboys Stadium, home of America's team). Like the variety offered by our country's travel destinations, we too see this in application of legal concepts from state to state.
-
March 2019 Newsletter
Contractual Language Defeats $100,000,000 Fraud Verdict as a Matter of Law
-
Construction and Surety Law Recent Judicial Decisions
Construction and surety law is a broad field that covers a vast number of topics and issues. Given this size, there is a constant stream of judicial decisions that could affect your next legal dispute.
-
February 2019 Newsletter - TX Supreme Court set to hear two post appraisal summary judgment cases
The Court is set to hear oral argument in two post appraisal summary judgment cases. e on the lookout for additional updates from us after the Court hears oral argument, and after a decision is rendered.
-
January 2019 Newsletter
eDiscovery Update: Phones, Emails, Hash Values and Saving Costs by Self-Authenticating ESI
-
July 2018 Newsletter
Have you considered and Appraisal Expert for Building the Difference-in-Value Defense? Defendants would be wise to build a “difference-in-value” defense, bolstered by an appraisal expert
-
June 2018 Newsletter
Uncovering the pipeline. Revisiting Mustang Pipeline.
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September 2017 Newsletter – Hurricane and Appraisal
Hurricane Harvey or Irma Insurance Dispute? How About Appraisal – The Top 10 Items to Consider When Invoking Appraisal
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April 2016 Newsletter – Construction
The Best Laid Plans of Mice and Men Often Go Awry
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Florida Litigation News
The Miccosukee Million - where allegations are suspect, evidence for the other side is tenuous, and opposing counsel is unreasonable and likely is giving bad advice.
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Newsletter - Sinkhole Claims
The Increased Prevalence Of Sinkhole Claims In Florida
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Florida’s New Chief Justice
The first Cuban-American to lead Florida’s judicial branch.
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South Florida Construction Activity is Hot, Hot, Hot!
The South Florida construction scene is sizzling with rapid growth in commercial, residential and industrial sectors.
-
The Con-Tortionist Texas Supreme Court
Defining “to perform its work in a good and workmanlike manner”