In today’s legal landscape, jury awards to personal injury plaintiffs are trending upwards. Studies show that “nuclear verdicts” are increasing in prevalence as jurors grow more critical of corporate defendants and are increasingly persuaded by provocative trial tactics from plaintiff attorneys. However, recent decisions from Louisiana and Texas show that some courts are bucking the
Texas Supreme Court
Jack Daniels Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniels in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ___ (2023). The case arose from Jack Daniel’s complaint about VIP’s sale of…
An Overview of Texas Supreme Court Precedent Regarding a Premises Owner’s Chapter 95 Defense
I. INTRODUCTION
Premises owners of commercial establishments have relied on Chapter 95 of the Texas Civil Practice and Remedies Code (“Chapter 95”) to defend against negligence actions brought by independent contractors since its advent in 1996. Chapter 95 affords premises owners complete immunity against claims (1) based on the personal injury, death, or property damage…
Texas Court Closures and Updates in Accordance with COVID-19
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 Supreme Court Confirms Chapter 95 Protects Property Owners Against Claims of Negligent Hiring
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
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,…