The United States Court of Appeals for the Fifth Circuit has overruled a trial court and allowed construction of the Bayou Bridge Pipeline to continue. In allowing construction to continue, the appellate court stated that it is likely that the district judge’s decision to stop construction was an “abuse of discretion.” The case involves claims […]Read more "Appeals Court Allows Bayou Bridge Pipeline Construction to Continue"
A recent Texas Supreme Court decision is a reminder of the importance of detail in expert reports and testimony. Lawyers and experts may need to go far beyond what they think is reasonable in providing details, especially when the expert opinion is necessary to support a claim for relief. Needle Inserted into the Optic Nerve […]Read more "Experts Must Provide Details"
I am pleased to announce that as of February 1, 2018, I am a shareholder at Crain Caton & James, P.C. I am especially excited to join with Robert E. “Robin” Morse, Kelly D. Brown, and Cory R. Thornton; together, we bring over 100 years of environmental law experience. More about them, below. My new […]Read more "Jim Smith Joins Crain Caton & James"
On December 8, 2017, the Texas Supreme Court agreed to hear the appeal of Oncor Electric Delivery Company (“Oncor”) in a case that resulted in a judgment against Oncor of approximately $500,000 in damages, interest, and attorneys’ fees. In its appeal, Oncor asserts that the court entering that judgment had no jurisdiction and that only […]Read more "Texas Supreme Court May Clarify Scope of PUC Jurisdiction in Contract Disputes"
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 […]Read more "Texas Statute Could Not Help Engineering Company, Because No Licensed Engineer Provided Services"
Regulatory agencies may view companies that do not comply with such “voluntary” standards as out of compliance in enforcement actions, and juries may view them as negligent in tort actions.Read more "Major Energy Companies Agree to Methane Emissions Principles"
In one paragraph, the Texas Supreme Court reiterated that landowners must allow easement holders to conduct their operations, consistent with the easement that they hold. Landowner Must Allow Access for Regulatory Compliance On July 26, 2017, the Court issued an Order directing a trial court to issue any necessary temporary orders to allow Denbury Green […]Read more