The Wheels on the City Bus Go ‘Round and ‘Round – and Its Operator Still Owes a Higher Duty of Care, Per the Texas Supreme Court
In a June 26, 2020 opinion, the Texas Supreme Court rejected an argument asserted by a city bus operator that it did not owe its passengers the “higher duty of care” owed by “common carriers.” In VIA Metropolitan Transit v. Curtis Meck, VIA Metropolitan Transit (“VIA”), the operator of [...]
GET OUT OF JAIL CARDS FOR LEVERAGED BUYOUT FRAUDULENT TRANSFERS
Though the pandemic is the cause of the rising number of retail bankruptcies, major retailers were facing cash flow and insolvency issues prior to COVID-19. Many of them were over-leveraged by virtue of funding the leveraged buyouts of prior ownership. With the change in the retail environment, retailer buyers could [...]
The Retail Apocalypse Continues
Retailers are reporting that at least 4,300 stores will close in 2020 and that this number will increase. Prior to the pandemic, Cushman & Wakefield estimated that as many as 12,000 major chain stores could close in 2020. Coresight Research predicted 15,000 store closures prior to the pandemic and have [...]
MALL OF AMERICA FAILS TO PAY ITS MORTGAGE – IS THIS A SIGN OF THINGS TO COME FOR OTHER MALLS AND SHOPPING CENTERS?
People talk about retail tenants being in financial disarray and filing bankruptcy, but what about our malls and shopping centers? They are hurting, too. If their tenants are not paying rent, taxes, insurance, and utilities, this impacts landlords, who are also struggling to meet their financial obligations, including their [...]
Eight (Corners) is Enough – Texas Supreme Court Says So – When it Comes to an Insurer’s Duty to Defend
In a certified question from the Fifth Circuit Court of Appeals to the Texas Supreme Court, our state’s highest civil appellate court recently re-affirmed the long-standing, “eight-corners” duty to defend rule. That rule states that when Texas courts analyze an insurer’s duty to defend its insured (who has [...]
Exemplary Damages — Re-Visiting the Damages Cap Calculation
In an appeal of a jury award in an asbestos/ mesothelioma wrongful death case, the Dallas Court of Appeals had the opportunity to re-visit the statutory cap provision addressing exemplary/punitive damages awards. Specifically, in The Goodyear Tire & Rubber Company v. Vicki Lynn Rogers case, the appellate court focused on [...]
Contracts — A New Spin on the “Battle of the Forms” Conundrum
In most first-year law school Contracts courses, law students learn about the practical business conundrum of the “battle of the forms,” where a prospective buyer and seller exchange written proposals to buy and sell goods and/or services in the hopes of reaching the offer-acceptance-consideration formula necessary for a valid contract. [...]
Texas Supreme Court Addresses Evidentiary Challenges and Rulings in the Summary Judgment Context
Protecting the “record” - that is, the documents and evidence before the court - is important both at the trial and appellate court levels as a case can rise or fall on the record created. In the context of a summary judgment -- a preliminary motion to dispose of part [...]
Texas Supreme Court Weighs in on the Admissibility of Surveillance Video
"A picture is worth a thousand words" is a saying well-known in both layman’s circles and in the law. In court, videotaped evidence can speak volumes. Because of the importance of such evidence – whether in the form of deposition testimony, party/witness surveillance, or expert-related experiments/testing – courts need [...]
Hospitality Liability for Human Trafficking
A recent University of Texas study estimated that “234,000 people of all ages work under involuntary servitude or debt bondage in Texas. Meanwhile, about 79,000 children and young adults are coerced or deceived into prostitution...”~ Austin American Statesman, Jan. 24, 2017 Effective June 19, 2009, the Texas Legislature enacted Chapter [...]
