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Civil Case Filings Decline by 17% Even as Population Grows

Mar 20, 2015 — by Jeff Mundy
Tags: Civil Litigation

"To put it bluntly, there's been a rollback of individual rights and remedies over the last two decades. You can call it tort reform if you want—that's the term everyone knows and understands—but it has had a clear effect on the cases that are filed, because a lot of the rights and remedies that existed at one time are no longer there or they have been diluted," said Trey Apffel, president of the State Bar of Texas.   

 

See the full story below.


Wellhead Measurement - Oil & Gas Dispute

Feb 27, 2015 — by Jeff Mundy
Tags: Civil Litigation

A wellhead measurement determines the volume of the gas produced at the wellhead for the purpose of calculating the amount of the royalty due. See Bowden v. Phillips Petroleum Co., 247 S.W.3d 690, 704 (Tex. 2008). Paragraph 4(B) requires that the royalty be calculated on such a measurement.*fn8The royalty is therefore owed on the substance so measured: raw gas, including all of its components.

Land Office of Texas v. Longfellow Ranch


Escrow Agent's Duties

Feb 27, 2015 — by Jeff Mundy
Tags: Civil Litigation

Specifically, an escrow agent's fiduciary duty consists of (1) the duty of loyalty, (2) the duty to make full disclosure, and (3) the duty to exercise a high degree of care to conserve the money and pay only those entitled to receive it.

Flagstar Bank v. Walker


Easement of Necessity

Feb 27, 2015 — by Jeff Mundy
Tags:

"It is well settled that where there is conveyed a tract of land which is surrounded by the grantor's land, or by his and that of third persons, and to which the grantee can only have access to or egress from through lands other than that conveyed, the grantee has a right of way by necessity over the remaining lands of the grantor."

Jentsch v. Lake Road Welding


4 Texas Law Schools in Top 50

Feb 26, 2015 — by Jeff Mundy
Tags:

The National Law Journal named four Texas law schools, two public and two private, to the Top 50 in the United States. Congratulations to the two public law schools, the University of Texas and the University of Houston, and the two private law schools, Southern Methodist University and Baylor University.   http://www.nationallawjournal.com/id=1202718517845/The-Top-50-GoTo-Schools?back=TX&kw=%20The%20Top%2050%20Go-To%20Schools%20&et=editorial&bu=Texas%20Lawyer&cn=20150226&src=EMC-Email&pt=PM%20Alert&slreturn=20150126161406


Federal Whistleblower Act

Feb 23, 2015 — by Jeff Mundy
Tags: Whistleblower Act Environmental Law

Congratulations to Gary Mowad for the recognition by the Houston Chronicle of his integrity and efforts to uphold integrity in the United States Fish & Wildlife Service.

Read about Gary's fight and Jeff Mundy's efforts to help him.

http://www.chron.com/news/science-environment/article/Tiny-lizard-at-center-of-big-fight-in-the-oil-6080231.php

 


Liability for Criminal Conduct

Feb 23, 2015 — by Jeff Mundy
Tags: Premise Liability

When the injured party is an invitee, the elements of a premises liability claim are actual or constructive knowledge of a condition on the premises by the owner, the condition's posing of an unreasonable risk of harm, the owner's failure to exercise reasonable care to reduce or eliminate the risk, and proximate causation from that failure to the plaintiff's injury.

Quiktrip Corp v. Goodwin (Texas Court of Appeals - Fort Worth, 2015)


Medical Malpractice Protection - New Absurd Results

Feb 23, 2015 — by Jeff Mundy
Tags: Medical Malpractice

On Feb. 10, Houston's Fourteenth Court of Appeals issued Brazos Presbyterian Homes d/b/a The Hallmark v. Lander, which dismissed a case that plaintiffs filed against a retirement home. The court held that the plaintiffs' negligent hiring claim was really a "health care liability claim" under Chapter 74 of the Texas Civil Practices & Remedies Code, even though the dispute involves an elderly woman who was allegedly injured by a contract valet driver who was parking the woman's car outside the home.

Excerpt from The Texas Lawyer


Right to Jury Trials Going Extinct

Feb 12, 2015 — by Jeff Mundy
Tags:

Judge Patrick Higginbotham of the 5th U.S. Circuit Court of Appeals said in 1997 that civil jury trials were headed to extinction.

In 2012, there were fewer than 1,200 civil jury trials in state district courts in Texas. That’s only a 1 percent decline from 2011, but a 64 percent decline from 1997, when there were 3,369 jury trials.

The federal courts in Texas have seen an equally significant decline. U.S. district court judges conducted 360 civil jury trials in 1997 but only 135 last year.

http://www.dallasnews.com/business/headlines/20130622-number-of-civil-jury-trials-declines-to-new-lows-in-texas.ece

 

 


90 Day Deadline for Texas Whistleblower Act Claims

Oct 9, 2014 — by Jeff Mundy
Tags: Whistleblower

Employees who have been retaliated against for making protected disclosure must bring claims within 90 days of the retaliation.  The Texas Whistleblower Act governs state and county employees in Texas. 

 


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