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The Texas “Anti-Slapp” Law: A Gorilla in a Baby’s Pram?

This baby is called the Texas anti-SLAPP law,[i] or the Texas Citizens Participation Act (“TCPA”).[ii] The birth was attended to by then-Governor Perry who brought the swaddling law to eagerly-awaiting, yet diverse, “parents,” such as the Better […]

Andrea Johnson

Preventing Tort Claims Against Nonsubscribers by Temporary Employees

As the need for a temporary workforce provided by staffing agencies continues to increase, the industry is seeing an escalation of on-the-job injury claims by temporary workers. This presents a rather unique issue for nonsubscribing employers in Texas […]

A Cautionary Tale of Pleading and Jury Charge Submissions

This alert discusses whether a defendant has a duty to object in order to preserve error in cases where a plaintiff improperly submits a general-negligence jury question when the appropriate cause of action falls under a premises liability of recovery […]

Everything You Need to Know About Oil and Gas Law—2Q17 Edition

We began 2Q17 with a discussion of the intersection of the oil patch with class actions and the Fair Labor Standards Act; the federal government’s liability for the environmental cleanup of refinery waste; and a shortsighted discovery ruling that could […]

Thomas G. Ciarlone Jr.

Overview of Alcohol Liability in Texas – Part I

In 1987, the Texas legislature enacted the Texas Dram Shop Act.  Prior to such time, Texas law did not impose liability on sellers of alcohol who "over-served" intoxicated patrons.  Rather, the over-served patron was considered responsible for his/ […]

International Ports Back on Track after Global Cyber Attack

After a major cyber attack wreaked havoc on companies and governments worldwide in late June, international companies like A.P. Moler-Maersk have brought their IT systems back online. Maersk’s Asia Pacific chief executive Robbert van Trooijen has confirmed […]

Oil-and-Gas Law Update: July 11, 2017

Our energy law podcast is back from a brief hiatus for the Independence Day holiday with a quick look at the legal developments in oil-and-gas law that July has brought us so far.

Thomas G. Ciarlone Jr.

Dangerous Premises Condition or Negligent Activity: Texas Supreme Court issues stern warning to plaintiffs using general-negligence jury instructions to prove premises liability claims

On June 30, 2017, the Texas Supreme Court issued its opinion in United Scaffolding, Inc. v. James Levine, ___ SW3d ___ (Tex.2017) (No. 13-14-00377-CV; 6-30-17) (http://www.txcourts.gov/media/1438062/150921.pdf), overturning a seven-figure judgment for […]