Dallas Austin

Texas state agencies are immune from liability and suit with respect to most causes of action against it under the doctrine of sovereign immunity, including for construction contracts. This immunity applies unless expressly waived by Texas statute. The Texas Supreme Court recently addressed one of these waivers in Pepper Lawson Horizon International Group, LLC v. Texas Southern University involving a contractor asserting a state agency failed to make payment per their construction contract. The Court’s ruling in Pepper Lawson has major implications for Texas contractors doing work with Texas

Nevada recently joined two other states in banning insurance policies that erode with defense costs.  However, the Nevada law is both broader and more ambiguous than the others.  How will this law and the seemingly growing movement to outlaw eroding limits policies affect you?  Potentially, in many ways.  The Nevada statute, Nevada Revised Statute 679A, is very short and states as follows. Notwithstanding any other provision of law, an insurer, including, without limitation, an insurer listed in NRS 679A.160, shall not issue or renew a policy of liability insurance that contains a provisio

Does the Electric Reliability Council of Texas (ERCOT) liability for the catastrophic effects of Winter Storm Uri in 2021? More than two years after the storm, the Texas Supreme Court has answered the question, no. On June 23, 2023, the Texas Supreme Court in a divided 5-4 opinion held that ERCOT is entitled to sovereign immunity, concluding that ERCOT is an “arm of the state” because it is under the complete purview of the Texas Public Utility Commission (PUC), the Legislature, and the statutory requirements of the Public Utility Regulatory Act (PURA). The two cases the Court conside

In the age of artificial intelligence and expanding technology, the advancements are endless, but does AI have the capacity to practice law? The apparent answer is no, at least not without exhaustive checking by an attorney. On June 22, 2023, a Federal District Judge in New York sanctioned two attorneys and their law firm, jointly, because one attorney, who was not licensed to practice law in the New York Federal Court, relied on responses from ChatGPT with made-up case law and citations in preparing his response to a motion to dismiss, and the other attorney, who was licensed to practice in t

What is the consequence of an attorney selecting jurors on the basis of race?  The Texas Supreme Court recently overturned a $9.6 million verdict from a Dallas County jury, finding that race was used as the basis for selecting jurors and excluding potential ones. The facts in United Rental North America, Inc. v. Evans are tragic. In March 2015, United Rentals decided to move two pieces of equipment from its San Antonio to its Irving locations.  One was a forklift with a boom arm measuring slightly over 8 feet tall, and the other was a boom lift measuring 10 feet tall. Due predominantly to la

The Corpus Christi Court of Appeals recently held that a family’s allegations against a funeral home for its handling of a relative’s body were subject to arbitration, even though some of the family members were not parties to the agreement to arbitrate. After her mother passed away, Anabel Gonzalez entered into a contract with SCI Funeral Services, LLC d/b/a Funeraria del Angel (SCI) for visitation and embalmment services. The contract contained a mandatory arbitration provision. According to Anabel and her family members, her mother’s eye and mouth opened, leaking fluid, during a visit

In October 2019, Plaintiff Shannon Phillips (“Phillips”) filed suit in federal court against Starbucks Corporation d/b/a Starbucks Coffee Company (“Starbucks”), alleging she was fired because she is Caucasian in a position of authority in the wake of the April 12, 2018, arrests of Donte Robinson (“Robinson”) and Rashon Nelson (“Nelson”) at a Starbucks located on 18th and Spruce Streets in Philadelphia. Phillips sued Starbucks on racial bias claims under Title VII of the Civil Rights Act and New Jersey law, seeking economic loss and compensatory and punitive damages. Phillips ha