It is widely thought that the civil jury trial is dying a slow death in the American legal system. The cause of death is largely attributed to the high price tag associated with the modern jury trial. In the hopes of curbing this trend, the […]
The Texas Supreme Court recently rendered an important decision which has the potential to expand an employer's liability for wrongful termination of employees in Texas. Texas is an at-will employment state where employers have the ability […]
On September 1, 2011, H.B. 274 went into effect. H.B. 274 made several significant changes to the Texas civil litigation practice. (See KRCL Litigation Alert, September, 2011.) Among the most important of these changes was a directive […]
Texas enacted its first workers’ compensation laws nearly a century ago. In most jurisdictions then, an employer’s participation in the workers’ compensation system was elective. However, after a United States Supreme Court […]
Non-parties such as financial institutions, accounting firms, health care providers, and other businesses are often in exclusive possession of documents and information relevant to disputes in which they have no identifiable stake. Litigants attempting […]
In today's complex world, large-scale disasters are becoming more common-place. Whether it is a drilling rig disaster, or a nuclear power plant, large scale losses are on the rise. These large scale disasters present unique and complicated […]
For employers that use stock or stock options as consideration for non-compete or non-solicit agreements, a little clarity has been provided in Texas. In Marsh USA, Inc. v. Cook, the newest Texas Supreme Court opinion to address covenants not to […]
The Consumer Product Safety Commission (“CPSC”) is an independent federal regulatory agency formed in 1972. The CPSC is assigned the task of protecting the general public from unreasonable risks of injury or death related to the use […]
In many construction projects, the general contractor, instead of the owner, hires design professionals, such as engineers and architects, to assist in the design of the structure. Therefore, in such situations, a contract will obviously not exist […]
In the commercial construction industry, especially in cycles of downturn in the overall economy, instances often arise in which the owners of projects encounter financial difficulties. This can result in an abandonment of the project by the owner […]
The Texas Supreme Court, in a case of first impression, In re Reece, 341 S.W.3d 360 (Tex. 2011), recently addressed the issue of whether perjury committed during a deposition is subject to criminal contempt. The Court said no, and issued a warning […]
The United States Supreme Court recently rendered an important decision that will have wide-ranging implications related to potential employer liability in connection with unlawful discrimination claims. In Staub v. Proctor Hospital, the Court […]