Texas Statute Could Not Help Engineering Company, Because No Licensed Engineer Provided Services

In order to protect professionals from frivolous lawsuits, a Texas statute provides that lawsuits arising out of the provision of professional services (such as engineering or architecture) must include a certificate of merit.  That certificate must include a sworn statement by a qualified expert as to the negligence or other error committed; failure to file […]

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Baylor Case: Public Statements Can Waive Privilege

Baylor University was concerned that it was not in full compliance with federal law relating to complaints of sexual harassment and violence. Baylor also expected litigation.  Baylor’s Board of Regents hired the Pepper Hamilton law firm to investigate Baylor’s procedures, policies and other “institutional response” aspects of Baylor’s compliance obligations.  Baylor and Pepper Hamilton agreed […]

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Ill-Gotten Revenue Is Not Ill-Gotten Profit; Plaintiff Loses $100 Million Award

In Longview Energy v. Huff, the Texas Supreme Court determined that Longview’s evidence of revenue that others received due to an alleged breach of fiduciary duty did not entitle Longview to recover.  Longview needed to prove ill-gotten profit, not just ill-gotten revenue.  Instead of the nearly $100 million found by the jury, Longview gets nothing. […]

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Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes

By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts.  The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost.  The factors are: Likely benefit of requested discovery; Needs of the case; […]

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