On June 12, the Supreme Court of Texas provided the long-awaited answer to the certified questions from the United States Court of Appeals for the Fifth Circuit in Austin v. Kroger Texas L.P., 746 F.3d 191 (2014). In that case, the Fifth Circuit certified […]
Numerous states have authorized the use of medicinal marijuana. Several others have even permitted limited recreational use. How does this movement coincide with an employer's "zero tolerance" policy of prohibiting drug use, whether during or after […]
A recent decision by the District Court for the Eastern District of North Carolina demonstrates just how important it is for parties asserting rights under the Perishable Agricultural Commodities Act (PACA) to provide proper notice. Failing to correctly […]
As previously noted in this blog, in PlainsCapital Bank v. Martin, No. 13-0337, 2015 WL 1477904 (Tex. March 27, 2015), the Texas Supreme Court ruled that lenders can use a sales price received subsequent to a foreclosure sale, as well as their carry […]
What is a “religious belief”? Can an employer question the sincerity of an employee’s alleged religious beliefs? The U.S. Supreme Court previously defined "religious belief" as a belief that is "religious" in the employee’s own scheme of things […]
According to statistics from the Texas Office of Court Administration, the number of civil lawsuits tried to jury verdict has steadily declined over the years while the number of lawsuits filed annually has increased. One explanation for this trend is […]
In this mandamus proceeding, the Texas Supreme Court said that doctors seeking to obtain hospital records that are protected by peer review privileges do not have to assert antitrust claims in order to obtain discovery of those records. […]
“Keeping up with current banking legislation requires a lot of time and effort,” said Kenneth Johnston, a Director in the Firm’s Dallas office and a contributing author of The Law of Banking blog. “We wanted to create a resource […]
Read Director Joseph Coleman's article in CRF New on setoffs. Setoffs- Cutting Your Losses Both Inside And Outside Bankruptcy
While Section 406.033 of the Texas Labor Code clearly establishes that nonsubscribing employers cannot rely on the defense that an employee assumed the risk of injury in performing the activity that led to the employee's on-the-job injury, Texas courts […]
The Family and Medical Leave Act (“FMLA”) entitles eligible employees unpaid, job-protected leave to care for a child, parent, or spouse. In light of recent Supreme Court decisions addressing same-sex marriages, the Department of Labor (“DOL”) […]
On April 10, 2015, the Texas Medical Board agreed to adopt revisions to Texas Administrative Code § 190.8(1)(L) that would dramatically restrict competition from telemedicine. The new rule was supposed to become effective as of today, but on Friday […]