Dallas Austin

The Texas Deceptive Trade Practices Act (DTPA) protects consumers from fraudulent business practices that, before its creation in 1973, had allowed unscrupulous business owners to take advantage of unwary consumers. The DTPA has been modified and changed several times since its creation by the Texas Legislature. However, one constant in the statute has been its definition of a consumer. What is a consumer under the DTPA? The DTPA defines a consumer as “an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any

Cryptocurrency is a bit of a loaded term. For some, it is a fascinating form of the future incarnate. For others, just reading the term “cryptocurrency” in an article triggers an automatic reflex to click on another story. Regardless of your comfort level, the reality is that cryptocurrency is here and trending to become more and more commonplace. Two recent examples show just how prevalent cryptocurrencies have become. Exhibit A: PayPal, one of the largest online payment systems in the world, has announced that it will be launching a cryptocurrency checkout service allowing consumers to p

The Texas Supreme Court in Los Compadres Pescadores, LLC v. Juan Valdez, et al., recently explored what constitutes a dangerous condition to an improvement to property that caused a construction work-site injury. The Court also addressed the types of evidence it found conclusive in holding a property owner vicariously liable for the acts of a 1099 independent contractor. Los Compadres Pescadores, the property owner, planned to build a 4-unit condominium building on South Padre Island. A high-voltage powerline ran about 24 feet above the back property line through an easement.  It was undisput

Bills are anticipated to be filed in the current Texas Legislative Session to reduce the statute of repose.  In general, the statute of repose in Texas for design professionals and contractors is 10 years from the date of substantial completion.  There are means of extending the repose period even further. The bills introduced in the last Legislative Session and anticipated to be filed in the current one aim to reduce the period to 7 years or less.  But, what does it mean and why does it matter? 1.    Limitations v. Repose Claims against design professionals and contractors relating to co

When winter storms created a state of emergency in all of Texas’ 254 counties, causing the lights, water, and heat to go out when they were needed the most, many Texans began looking for someone to blame.  The Electric Reliability Council of Texas (ERCOT) has become the favorite scapegoat of the moment. In the days since Texas began to thaw out, several lawsuits have been filed against ERCOT, ranging from class-actions to a wrongful death suit regarding an 11-year old boy who died of hypothermia in his own home. With the spotlight on ERCOT more than ever, questions have been raised about th