Appellate Archives - Page 53 of 71

An Email is Still Not a Contract — SCOTX

Emails can be useful tools for negotiation, but they aren’t definitive until both sides agree they are, wrote Nathan Hecht in Chalker Energy Partners III v. Le Norman Operating. Janet Elliott has details.

March 3, 2020 Janet Elliott

SCOTX: ‘General Easements’ Aren’t a Problem Until They Are

Seventy years ago, utility companies were routinely granted easements across private property of no fixed width. Those “general easements” have become a concern for landowners who fear they give the companies too much power over their private land. Last week, the Supreme Court of Texas ruled on such a case made by three North Texas landowners. Their ruling offered sympathy, but not a lot of help.

March 2, 2020 Allen Pusey

The Long, Short Law Career of Mikel Peter Eggert

This week the First Court of Appeals in Austin rejected an appeal by Mikel Peter Eggert to reverse his 2008 disbarment after his conviction for conspiring to falsify evidence. Although his appeal failed, it stirs up a convoluted tale about a newly-minted lawyer in Erath County who briefly followed in his father’s messy footsteps practicing law outside the law.

February 27, 2020 Allen Pusey

Birds of a Feather Flock Together, Sometimes: Takeaways from Two Dallas Court of Appeals Opinions

“Birds of a feather flock together,” says the old proverb. But in the Dallas Court of Appeals this year, justices of the same political party do not always rule together, as shown by two recent opinions from that court.

February 26, 2020 David Coale

SCOTX: A Tale of Two Lawyers

Two cases decided by the Texas Supreme Court last week involved
lawsuits against lawyers. One involved representational immunity, the other criminal defense malpractice. Not all they had to say favored lawyers. Janet Elliott explains.

February 25, 2020 Janet Elliott

SCOTX Tosses Bridal Shop Ebola Claim

An Ohio bridal shop lost its claim against Dallas Presbyterian Hospital Friday for its handling of the 2014 Ebola scare in Dallas, when the Texas Supreme Court decided unanimously that the shop’s claim failed to meet an essential requirement of the Texas Medical Liability Act. The court ruled, in effect, that when it comes to medical claims bridal shops are people, too.

February 24, 2020 Allen Pusey

First COA: Whatever they didn’t do, they didn’t do it in Texas

A $15,000 dispute involving the ill-starred Podesta Group was properly tossed from a Houston court, the First Court of Appeals ruled Thursday. The D.C. firm was accused of ignoring their client, a prominent Houston law firm, while the firm’s co-founder, Tony Podesta, was under federal scrutiny in the Paul Manafort investigation.

February 13, 2020 Allen Pusey

SCOTX, Meet The ‘Fuzzy Animal’ Exception

Fort Worth is trying to control the proliferation of game rooms that have “eight-liners”—slot machines that issue coupons for lavish prizes like game systems or other electronics. The operators of those coin-operated amusement machines are fighting back. Janet Elliott explains the issue and how it relates to Chuck E. Cheese.

February 10, 2020 Janet Elliott

Corporate GC Seeks Slice of Contingency Fee Agreement, Then Dies, Then Sues

Ruhrpumpen General Counsel Eugene Moore hired the Cokinos law firm to handle a patent infringement case on a contingency fee. Moore then wanted a share of the fee for himself. But Moore died without informing his bosses he made such a deal. Now his wife wants Cokinos to pay up. But the Dallas Court of Appeals has the final word.

February 8, 2020 Mark Curriden

SCOTX: Emails ≠ Contract (at least not here)

In some cases, emails can spell out the terms of a contract. But the Texas Supreme Court ruled last week that landowners seeking compensation for a pipeline never constructed couldn’t make that case. Janet Elliott explains.

February 3, 2020 Janet Elliott