In Pinto Tech v. Sheldon, the Texas Supreme Court considered two key provisions relating to a shareholder agreement’s forum selection clause, which provided for exclusive jurisdiction and venue in Delaware. In interpreting this contract, the Court determined that dismissal for filing suit in the wrong court was proper as to some, but improper as to […]Read more "Overlooked Contract Terms Can Have Big Consequences"
For permanent injuries to property caused by nuisance or trespass, the plaintiff must file suit within two years of the first injury, or the claim is barred by limitations. In Town of Dish v. Atmos Energy, the plaintiffs tried to claim that their injuries from noise and odors only started when the last of several […]Read more "Conclusory “Boilerplate” Affidavits Can Not Rescue Nuisance Case from Dismissal"
A landowner claimed that an energy company’s pollution damaged the property, in violation of contract terms and common law nuisance and trespass prohibitions. An arbitration panel agreed, and awarded over $20 million. The energy company tried to vacate the award in court, arguing that only the state agency that regulates contamination from oil and gas […]Read more "Regulation by State Agency Does Not Narrow Landowner Claims"
In this industrial construction dispute, both parties complained of the other. The contractor said that the owner did not pay all of what was due. The owner said that the equipment installed by the contractor did not work properly, so that the owner had to pay another company for repairs. The jury seemed to think […]Read more "Breach of Contract Gives Rise to Damages, but Not a Free Lunch!"
Based largely on a determination that ExxonMobil received a multi-million dollar benefit from delaying certain pollution prevention projects, a trial judge issued revised Findings of Fact and Conclusions of Law (“Revised Findings”) and assessed a $20 million civil penalty for Clean Air Act violations. This is the latest development in the citizen suit, Environment Texas […]Read more "ExxonMobil Hit with $20 Million Fine; Economic Benefit a Key Issue"