Dallas Austin

May in-house counsel for a for-profit company owned by nonlawyers provide legal services to customers of the company if the company gives the customers the option of retaining the in-house counsel and only charges the “actual cost” incurred by the company? In Opinion No. 707, the Professional Ethics Committee for the State Bar of Texas concluded, no. The company in question “provides litigation management services and support to lawyers, law firms, and corporations, including software and technology to help customers lower their costs and potentially improve litigation results[.]R

The Texas Supreme Court recently overturned a $116 million verdict against a trucking company and its driver, reasoning that, as a matter of law, the trucking company and its driver did not proximately cause the plaintiffs’ injuries. In December 2014, the National Weather Service issued a winter weather advisory indicating that ice was likely to accumulate on the roads and cause hazardous driving conditions. Trey Salinas (“Salinas”) was driving his F-350 pickup along with four passengers—Jennifer Blake and her three children (the “Blakes”)—heading eastbound on I-20 near Odessa. W

When can you sue over verbal representations made before a written contract is signed?  In Roxo Energy Company, LLC v. Baxsto, LLC, the Texas Supreme Court considered allegations of fraud based on oral representations in the context of a complex oil and gas deal, and found the representations were not actionable. Roxo Energy Company, LLC v. Baxsto, LLC, Baxsto, LLC (Baxsto) sued Roxo Energy Company, LLC (Roxo) for alleged oral representations made by Roxo while negotiating a lease and ultimate sale of mineral rights. Baxsto asserted fraud claims against Roxo, including fraud, fraudulent induc

Almost every party host—whether employer, bar or restaurant owner, or neighbor—at some point wonders whether one or more guests have had too much to drink and whether those guests can safely drive home. The Texas Supreme Court recently provided guidance on what evidence is necessary to establish liability for the hosts. In Texas, a provider of alcohol can be held liable if the provider sells or serves alcohol to a customer and the provision of that alcohol causes harm to the plaintiff. However, the provider can only be held liable if it was apparent, to the provider, at the time of the pro

Is a tenant justified in terminating a lease for a build-to-suit building when unidentified odors prevent beneficial occupancy? In Wise Development, LLC v. General Services Administration, the United States Civilian Board of Contract Appeals (CBCA) recently held, no. How did the CBCA reach that conclusion and what lessons does it provide for other projects in the federal government and civilian sectors? In Wise Development, the GSA entered into lease with Wise a build-to-suit, single tenant building in Hickory, North Carolina for use as a service center by the U.S. Social Security Administrati