Dallas Austin

When entering into an agreement, it is important to understand its terms and provisions. Some agreements contain provisions that fundamentally affect the nature of the parties’ contractual relationship. One such provision is an “as-is” provision, which provides that the acquiring party takes the subject property in the condition it is in. An “as-is” provision can potentially have a profound effect on a party’s rights and obligations, and as such, should be identified and considered carefully when determining whether to enter into an agreement. In Richard Uribe v. Briar-Ridge, LLC,

In White Star Pump Co., LLC v. Alpha Hunter Drilling, LLC (No. 14-20-00207-CV, 2021 WL 5707713, at *1 (Tex. App.—Houston [14th Dist.] Dec. 2, 2021, no pet.), the Fourteenth Court of Appeals affirmed the importance of the economic loss rule in Texas. At the trial level, the jury rejected a well operator, Alpha Hunger Drilling, LLC’s (“Alpha Hunter”) claims but for its negligent undertaking claim and awarded it $1.6 million for the market value of the pump and the loss of use of the pump. The Fourteenth Court of Appeals reversed and rendered a take-nothing judgment because Alpha Hunter�

Last month, Grammy-winning and platinum-record producing rapper Megan Pete, professionally known as Megan Thee Stallion (“MTS”), filed a lawsuit against her recording label, 1501 Certified Entertainment (“Label”), seeking a declaration that her most recent release, titled “Something for Thee Hotties,” constituted an “Album” as defined in MTS and the Label’s Recording Agreement (the “Agreement”). This scenario is another example of how even some of the most “basic” contract provisions need to be negotiated and clarified prior to execution of the contract. Even the most

What does allegedly attempting to murder your boss (who happens to also be an attorney) and free speech have in common?  Apparently, not much according to the Austin Court of Appeals in Szymonek v. Guzman. At the time of the alleged attempted murder in 2019, Arturo Guzman, an attorney and solo practitioner, had employed Ashley Szymonek as his paralegal and “right-hand person” for about 10 years.  In that capacity, Szymonek acted as Guzman’s primary contact with the law firm’s bank, accountant, and insurance agent, using her personal email account for much of the firm’s electronic c

Since the ill-fated Fyre Festival, the federal as well as state governments have grappled with what liability, if any, to assign to internet influencers.  The Texas Attorney General has recently decided to better define that liability by filing suit against the now-disgraced influencer Brittany Dawn Davis for misrepresenting fitness and nutrition plans she promoted and sold to Texans. In its lawsuit against Davis, Texas claims that Davis’s fitness plans violated the Texas Deceptive Trade Practices Act (DTPA), a broad consumer protection statute, and misled individuals with eating disorders.