Third-Party Beneficiary Can Compel Arbitration
In October 2026, the Texas Supreme Court clarified the category of third-parties that may enforce arbitration agreements. In UATP Management, LLC, et al. v. Geter, Cause No. 24-0905, 2026 WL 3090324 (Tex., Oct 16, 2026), the Court held that dispute resolution clauses which do not specifically name third parties may nonetheless be enforced by them when the clauses are mechanisms to enforce the benefits conferred elsewhere in the agreement. Before addressing the third-party issue, the Court reviewed several other principals and holdings regarding arbitration agreements, clarifying them along the
Not Enough Strawberry! Lawsuits Filed Over the Lack of Strawberries in Pop-Tarts
We have all been there. You take a bite of your favorite pastry and think to yourself, “this needs more filling” or “this really does not taste like it should.” Well, at least two people went to enjoy their strawberry Pop Tarts and decided enough was enough.
In August, an Illinois consumer, Ms. Anita Harris, filed a class action lawsuit in federal court styled Harris v. Kellogg Sales Co. regarding her “Frosted Strawberry” Pop-Tart. More recently, a New York consumer, Ms. Elizabeth Russett, filed a class action lawsuit in federal court styled Russett v. Kellogg Sales Co. regarding h
Paying it Forward: Stowers Revisited Case Note: In re Farmers Texas County Mutual Insurance Company
Can a policyholder sue its insurance company for negligently settling a claim when there is no judgment or settlement in excess of the policy limit? The short answer, based on the Supreme Court of Texas’s ruling in In Re Farmers Texas County Mutual Insurance Company, Realtor on April 23, 2021, is no.
In In Re Farmers, Gary Gibson sued Cassandra Longoria, the policyholder, for personal injury and property damages resulting from a car accident that Longoria caused. Longoria’s insurance company, Farmers, hired an attorney to defend her in the lawsuit. Before trial, the case settled for $350,0
