On April 14, the Railroad Commission of Texas held a marathon virtual meeting to hear from nearly sixty of the state’s energy leaders including executives from some of the most prominent oil producers and midstream companies, industry analysts, consultants and academics. A reported 20,000 people tuned into the public meeting from across the globe to
Texas in General
Texas Court Closures and Updates in Accordance with COVID-19
By Kean Miller on
Posted in COVID-19, Texas in General
As the coronavirus continues to adversely impact so many, the court systems across the country are adapting in kind, with many of them suspending jury trials and moving to reduced-contact scenarios for other matters. Below is a digest of the most up-to-date information regarding courts in Texas as of the time of this posting. Please…
Texas Courts May Not Have Personal Jurisdiction Over a Foreign Manufacturer Whose Products are Sold in Texas
By Judith Meyer on
Posted in Litigation, Texas in General
Kean Miller obtained the dismissal of a suit filed against its client, a foreign manufacturer of an industrial product who was sued by the Texas purchaser of the product, because the Texas court did not have personal jurisdiction over the manufacturer. A Texas court of appeals recently affirmed this dismissal.
After the foreign manufacturer filed…
Consequential Damages vs. Direct Damages – Where did it Flow From?
By Kean Miller on
In an attempt to mitigate risk, most commercial contracts contain a provision limiting monetary recovery. The most common provision is a waiver of consequential damages. Despite the parties’ best intentions, whether a category of damages are considered direct damages or consequential damages is often determined on a case-by-case basis. Texas courts have provided the following…
Texas Updates Its Data Breach Notification Law
By Kean Miller on
Posted in Data Security, Texas in General
By Jessica C. Engler, CIPP/US [1]
In the wake of sweeping privacy law reforms both in and outside of the United States, Texas has become the latest state of many to makes changes to its existing data privacy laws. This summer, Texas Governor Greg Abbott signed into law HB 4390, christened the Texas Privacy…
No Kids Does Not Mean You Don’t Need an Estate Plan
By Kean Miller on
Posted in Estate Planning, Texas in General
Despite most people believing it’s important to have an estate plan, only about 40% of people actually get one.[1] There are a number of reasons that someone may not have gotten an estate plan but the idea that you do not need one because you do not have kids should not be one of…
Oil and Gas Contract Drafters: Say What You Mean to Say
By Kean Miller on
The drafters of an Assignment of Overriding Royalty Interest in Burlington Resources Oil & Gas Company, L. P. v. Texas Crude Energy, LLC did not “say what they meant to say” and received an admonition from the Texas Supreme Court. In Burlington, the Court determined a royalty interest owned by Texas Crude was subject…
Texas Supreme Court Confirms Chapter 95 Protects Property Owners Against Claims of Negligent Hiring
By Judith Meyer on
The Texas Supreme Court has ruled that Chapter 95, a statute that protects property owners from personal injury suits by employees of contractors and subcontractors, applies to claims against property owners for the negligent hiring of the contractor or subcontractor.
In certain circumstances, Chapter 95 of the Texas Civil Practice and Remedies Code protects property…
Texas Supreme Court to Consider Property Owner’s Protection for Negligent Hiring
By Judith Meyer on
Posted in Construction, Texas in General
Texas law protects property owners from personal injury suits by the employees of independent contractors and subcontractors hired by the property owner to work on an improvement on their property. The Texas Supreme Court is considering whether this protection includes claims for the property owner’s negligent hiring of the contractor or subcontractor.
In certain circumstances,…