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122 results found


Carrington Coleman | USA | 12 Dec 2018

Prior material breachIt’s an election; choose wisely

When McNeese sued RCC for breach of a settlement agreement, RCC defended by arguing that McNeese’s prior material breaches of the agreement excused


Carrington Coleman | USA | 4 Dec 2018

No Summary Judgment on ambiguous contract

Although the facts are a little complicated, this case reiterates a basic principleambiguous contract terms create fact issues that ordinarily cannot


Carrington Coleman | USA | 27 Nov 2018

It just ain't right: No-answer default judgment against defunct corporation doesn't bind its officers and directors

Christian v. Venefits, LLC Justices Bridges, Francis (Opinion, linked here), and Lang-Miers It’s one of those things that just doesn’t seem right, but


Cozen O'Connor | USA | 15 Nov 2018

Fort Worth Court of Appeal Reverses Judgment Awarding Bad Faith Damages Against Insurer

While the November 8, 2018 Court of Appeal of Texas, Fort Worth Division opinion reverses a trial court’s judgment on grounds of legal insufficiency


Haynes and Boone LLP | USA | 5 Nov 2018

Construction law practice tip: The discovery rule bar is high for breach of contract claims

Two cases from Houston appellate courts show the relatively high bar that breach of contract claims must meet to satisfy the discovery rule. The cases


Kilpatrick Townsend & Stockton LLP | USA | 25 Sep 2018

Recovering Attorney’s Fees From Local Government Entities and Counties Has Become More Difficult

Unless your client has a contractual basis that would allow a party to recover its attorney’s fees from a local governmental entity, it may not be


Carrington Coleman | USA | 18 Sep 2018

Jurisdiction after mandate, or, "we really meant it."

The Dallas Court of Appeals granted mandamus when a trial court failed to follow its mandate from an earlier appeal. In the process, it explained the


Seyfarth Shaw LLP | USA | 11 Jul 2018

The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to Misappropriate Trade Secrets Claim

The Texas Court of Appeals, Third District, issued an opinion in Tejas Vending, LP, et al. v. Tejas Promotions, LLC further delineating the


Kilpatrick Townsend & Stockton LLP | USA | 19 Jun 2018

Federal Contracts and the Governing Provisions not always Provided for in the Contract

Contractors performing on federally funded projects should be aware of mandatory regulations governing the project. Under the Christian Doctrine, a


Kilpatrick Townsend & Stockton LLP | USA | 5 Jun 2018

Certificate of Merit - 2017 in Review

Texas’ Fourteenth Court of Appeals recently shed light on whether third-party plaintiffs are bound by the certificate of merit requirement in Section

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