Massage Facility Franchisor Has No Liability to Sexual Assault Victim of Franchisee’s Employee – Texas Supreme Court Rules
The Supreme Court of Texas per curiam opinion reversed a Houston Fourteenth Court of Appeals decision in part - concerning a massage facility's franchisor and potential liability for alleged assault by the franchisee's employee.
Dram Shop Case: Supreme Court of Texas Affirms Summary Judgment for Restaurant; Addresses Sufficiency of Intoxication-Related Evidence
The Raoger Corporation opinion is instructive as a reminder of the evidentiary burden of proof placed on a plaintiff attempting to hold a commercial establishment liable for allegedly over-serving the patron plaintiff with alcohol.
Texas Supreme Court Finds Trial Court Abused Its Discretion in Not Allowing Defendants to Withdraw Admissions Responses
Dec. 6, 2024 - the Supreme Court of Texas issued a per curiam opinion in In re Euless Pizza, LP, et al., reversing the trial and appellate courts' decisions that prevented defendants from amending/withdrawing admissions responses.
The Supreme Court of Texas Reverses $21M Judgment on a Technicality — The Importance of Being Earnest (with Addresses)
In Wade v. Valdetaro, the Supreme Court of Texas reversed a $21 million judgment on a technicality related to the importance of details in addresses for parties to a suit.
Texas Supreme Court Clarifies/Expands Application of Settlement Credits
The Supreme Court of Texas recently issued a per curiam opinion both clarifying and expanding the application of settlement credits.
Fifth Circuit Expands Employer Liability for Sexual Harassment/Hostile Work Environment in Private Nude Video Case
The Fifth Circuit Court of Appeals reversed a summary judgment in favor of the City of Houston on a firefighter’s claim for sexual harassment/hostile work environment.
Texas Supreme Court Addresses Procedural and Substantive Requirements for Independent Medical Examinations of Plaintiffs
In most personal injury cases, it is usually the plaintiff’s treating doctors who have first-hand, personal contact with the plaintiff, as compared with most defense expert doctors who base their opinions on a review of plaintiff’s medical records. However, the Texas Rules of Civil Procedure – specifically, Rule 204.1 [...]
Texas Supreme Court Weighs In on Attorney Immunity (in the Electronic/Wiretap Evidence Context)
All Texas lawyers who are sworn-in by a judge after passing the Texas bar exam agree to “zealously represent their clients.” The degree and scope of that zealousness is not unlimited, however, and sometimes attorneys can get into trouble when being over-zealous in their investigative efforts or using evidence [...]
Texas Supreme Court Weighs In on Police Shootings (in the Private University Context)
Police-related shootings have been all-too-common in the last several years and especially during the more recent pandemic. Last year, the Texas Supreme Court had the opportunity to weigh in on the potential liability of a private university for the shooting of a university student by a university police officer in [...]
Limitations on Responsible Third-Party Practice — Dallas Court of Appeals Affirms Trial Court’s Order Striking RTP Designation
In a decision earlier this year, the Dallas Court of Appeals denied mandamus relief to a defendant that sought to designate another business entity as a responsible third party (RTP). In In re Eagleridge Operating, LLC, a gas well operator sought to designate a prior gas well operator as [...]
