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Employer's/Landowner Duty To Employee & Invitee

Jul 12, 2015 — by Jeff Mundy
Tags: Premise Liability

While an employer's liability may differ from that of other landowners due to the statutory waiver of its defenses, see Kroger Co. v. Keng23 S.W.3d 347, 352 (Tex. 2000), its premises-liability duty is the same as that owed by landowners to invitees generally.

Austin v. Kroger, (Supreme Court of Texas, 2015).

Car Wreck Property Damage

Jun 26, 2015 — by Jeff Mundy
Tags: Civil Litigation

An owner may not simply echo the phrase "fair market value" and state a number to substantiate the owner's claim; the property owner must provide the factual basis on which the opinion rests.  This burden is not onerous, particularly in light of the resources available today.  But, the valuation must be substantiated; a naked assertion of "fair market value" is not sufficient. Even if unchallenged, the property owner's testimony must support the verdict, and conclusory or speculative statements do not.  In addition, under this court's precedent, evidence of the amount paid in the past to purchase property, by itself, is legally insufficient to support a finding as to the property's market value at a later date.

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

"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

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. 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.


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

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