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The Mundy Firm

Arbitration in Contract Agreement

Nov 27, 2012 — by Jeff Mundy
Tags: Arbitration

Please read all contracts before signing them.  If the contract contains an agreement to submit to arbitration, please understand that you are surrendering your rights to seek your legal rights in court.

You do not have to agree to arbitration.  Request the removal of the arbitration provision.  If the other party will not agree to remove it, they are afraid to let a court review any dispute, which should be a warning to going forward on any business dealing with them.

Congratulations to Jeff Boyd, Supreme Court Appointee

Nov 26, 2012 — by Jeff Mundy
Tags: News

The Mundy Firm congratulates Jeff Boyd of Austin on his appointment by Governor Perry to the Supreme Court of Texas.

Mr. Boyd brings real world experience in a court room to the Supreme Court of Texas.

He should prove a valuable addition to the court, especially on matters related to trial procedure, evidence, and trial issues.

Firework Seller Liability & Indemnity from Chinese Manufacturer

Nov 26, 2012 — by Jeff Mundy
Tags: Personal Injury

A Texas fireworks vendor was not allowed to join a Chinese manufacturer of an allegedly defective firework component to the case of the person injured by an allegedly defective firework launcher tube.  

The court held that the seller of the allegedly defective firework launcher tube could bring a separate action for indemnity from the manufacturer after, and if, the vendor is found liable to the injured person who lost their eye when the tube broke and sent a fragment into the person's eye.


Contract & Construction Law Brief Summary

Nov 24, 2012 — by Jeff Mundy
Tags: Contract Law

An aunt lent her nephew money to purchase and renovate a townhouse for resale for profit.   The dispute involved the interpretation and application of the contract between them, as well as the equitable remedy of "quantum meruit" for the value of his work.

MDL Multi-District Court - Asbestos & Silica MDL ruling

Nov 24, 2012 — by Jeff Mundy
Tags: Asbestos

Texas MDL (multi-district litigation) courts have jurisdiction limited to only "qualified cases" with "common issues" related to the subject matter of the MDL litigation, such as asbestos, or silica.

Fraudulent Transfer of Assets

Nov 24, 2012 — by Jeff Mundy
Tags: Commercial Litigation Austin Texas

A defrauded creditor may recover assets that were fraudulently transferred.

Trucking Wreck - Proximate Cause

Nov 24, 2012 — by Jeff Mundy
Tags: Car Wreck

18 Wheeler driver pulled over on the side of the interstate to check his engine.  He left his trailer partially in the lane of traffic, but failed to put out reflective warning devices.

Another truck swerved in front of the plaintiff, cutting him off, and he then hit the trailer partially in his lane of traffic.  The appellate court ruled that the parked trailer was a "proximate cause" of the wreck and injuries.

Land Owner May Bring Action for Pollution of Water by Neighbor

Nov 24, 2012 — by Jeff Mundy
Tags: Land Use

A land owner may bring an action against a neighbor who pollutes the groundwater.

Texas Supreme Court - Inmate Civil Rights

Nov 24, 2012 — by Jeff Mundy
Tags: Civil Rights

Texas Supreme Court holds that the Texas Department of Criminal Justice is entitled to immunity when guards sexually assault prisoners.

Product Liability & Negligence Law

Nov 24, 2012 — by Jeff Mundy
Tags: Personal Injury

Plaintiff was injured when a tire on his dump truck blew out.  The defendant supplied and installed retreaded tires, despite instructions by the truck owner not to use retreads.

The Houston Court of Appeals, one of the most conservative in the state, held that the driver did not prove that the blow out was due to the use of the retread, despite the truck owner's instructions.

The court provided a summary of the basic rules of law, and then found that the driver did not provide evidence required to meet the law.

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