Dallas Austin

Beginning September 1, 2024, new Texas courts will hear qualified, complex commercial disputes. The passing of House Bill 19 in early June 2023 created eleven trial “Business Courts” with judges that will be appointed by the Governor with the consent of the Senate.  Each Business Court will serve a specific judicial region. Additionally, House Bill 19 established the brand-new Fifteenth Court of Appeals, which will handle appeals from the trial Business Courts. To be appointed to the Business Courts, judges must have ten or more years of experience practicing complex civil business litiga

Jurors in Georgia recently awarded landowners $135.5 million in damages, including $125 million in punitive damages, for siltation and sedimentation of a pond caused by development of a solar energy farm on an adjoining piece of property.  How did this happen? Shaun and Amie Harris through a corporate entity, H&L Farms, LLC, purchased 1630 acres of land (H&L Farm), including a 21 acre lake, in Stewart, Georgia in March 2021.  The prior owner, Kawikee Refuge, LLC, was controlled by Jim Butler and Joel Wooten, the attorneys who ultimately represented the Harrises in this dispute. In 20

Texas courts favor arbitration and generally enforce arbitration provisions. But, what if a party cannot afford the arbitration fees?  Are the costs of arbitration grounds for a court to hold that provision unenforceable? The Texas Supreme Court recently answered these questions. In Houston AN USA, LLC d/b/a AutoNation USA Houston v. Walter Shattenkirk, an employee filed suit against his former employer alleging he was terminated due to discrimination and retaliation. The employer moved to compel arbitration arguing that the employee entered into a binding arbitration agreement when he accept

The Texas Legislature’s general session concluded on May 29, 2023 with several very important pieces of legislation being passed.  The Legislature was unable to resolve issues related to property tax relief and border security and Governor Abbott has a called for a Special Session to address those issues.  Several of the bills which did pass will impact both construction and businesses in the State of Texas and include the following. HB 1255 – Limitation Periods on Arbitration Proceedings  Summary: HB 1255 makes it clear that statutes of limitation apply and will bar claims in arbitrat

On April 18, 2023, a Dallas jury awarded $44 million in damages to a Texas homeowner who was rendered a paraplegic from an electric shock when trying to cut trim trees near a high-voltage power line.  How did this happen? The Taylors own a rental house on a corner lot in Graham, Texas. The Shifletts own the house next door.  Both houses receive electrical power from lines owned and operated by Oncor Electric Delivery Company, LLC (Oncor).  A 7,200 volt uninsulated power line runs to the corner of the Taylors’ property and two 240 volt insulated service lines, one running to the Taylors’

When can a foreign company be haled into Texas court? For many years, the Texas Supreme Court has hewed closely to US Supreme Court precedent when it comes to exercising personal jurisdiction over a party. In a recent decision, however, the Texas Supreme Court has signaled it is open to applying a broader standard, making it easier to bring and keep suit against foreign companies. On May 5, 2023, the Texas Supreme Court ruled that Texas courts may exercise personal jurisdiction over a foreign entity when that entity controls the means, details, and manner in which an American subsidiary condu

Are umbrella insurance policies confidential documents that can be subject to protection from further disclosure through a protective order? The Dallas Court of Appeals recently answered this question, refusing to disturb a trial court’s ruling that umbrella policies are not confidential documents. In In re Lyft, Inc., No. 05-23-00079-CV, 2023 WL 3000565 (Tex. App.—Dallas, Apr. 19, 2023), three passengers sued Lyft and the Lyft driver for injuries allegedly sustained in a car crash involving the Lyft driver.  As part of routine discovery, plaintiffs requested copies of documents from Lyft