Oral argument in Texas premises liability case

September 15, 2016 | By CALEB TROTTER

Today, the Texas Supreme Court held oral argument in UDR Texas Properties, L.P. v. Petrie. Unfortunately, Justice Willett did not ask any questions. Nevertheless, at issue in the case is whether a Houston apartment complex can be held liable for failing to protect a man who was robbed and shot in the knee after parking in … ...


A Texas-sized win for freedom of contract

June 12, 2015 | By WENCONG FA

Today the Texas Supreme Court held in Plains v. Torch that a contract dispute worth over 43 million dollars should be governed by the words of the contract, rather than by vague notions of abstract justice. PLF filed an amicus brief in the case, and we have previously posted about the case on this blog … ...


Texas Supreme Court grants review in important contracts case

January 30, 2015 | By WENCONG FA

Today the Texas Supreme Court announced it would accept review in Plains v. Torch, an important case addressing a fundamental question of contract interpretation: Should a dispute about the meaning of a contract be governed by the words of the contract or by vague notions of abstract justice? Both parties argue that this case should … ...


Should abstract justice displace contract law?

October 15, 2014 | By WENCONG FA

The Texas Supreme Court is currently considering one of the most important contract cases in recent years. In Plains v. Torch (our shortened name, for the sake of convenience), two oil companies dispute the rightful owner of a 43 million dollar award that one of the parties (Plains) obtained from the federal government. Both parties … ...


Texas Supreme Court decides that implied warranties can pass to second-hand buyers

June 06, 2014 | By CHRISTINA MARTIN

Today, the Texas Supreme Court released a narrow decision in MAN Engines & Components, Inc v. Shows.  Doug Shows purchased a used 55-foot yacht, “as-is,” containing engines built by the defendant, MAN Engines.  When the engines failed, Mr. Shows sued MAN Engines and prevailed on his claim that MAN breached the implied warranty of ...


Fighting for entrepreneurs in Texas

November 19, 2012 | By JENNIFER THOMPSON

“There’s a vastness here and I believe that the people who are born here breathe that vastness into their soul.  They dream big dreams and think big thoughts, because there is nothing to hem them in.”  Hotelier & Texas native Conrad Hilton Texas entrepreneur Marvin Atwood pursued his life-long dream of owning a restaurant wh ...


There’s nothing activist about saying government must play by the rules.


Recently, bloggers and even the Texas Land Commissioner were decrying several Texas Supreme Court Justices for their “extreme activism” in ruling in favor of property owners in Severance v. Patterson. What was the reason for this outrage? Simple: the Court found that if the state wished to declare that Mrs. Severance’s private pr ...


Beached Again!


Ruling today in Pacific Legal Foundation’s case of Severance v. Patterson, the Texas Supreme Court once again rejected the state’s claim that government can gain control of private beachfront land whenever the land loses its vegetation and becomes a dry, sand area. In other words, the court held that the state may not “roll” ...


The due process fence around punitive damages


Author: Deborah J. La Fetra The Texas Supreme Court today issued a favorable ruling in Bennett v. Reynolds. As the court phrased it, “This case involves an extended drought, missing cattle, and feuding neighbors.” Thirteen head of Randy Reynolds’ cattle wandered up the dry Colorado River bed onto Tom Bennett’s land. Due to a ...