News & Analysis as of

TX Supreme Court Attorney's Fees

Butler Weihmuller Katz Craig LLP

Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code...

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from...more

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

Cozen O'Connor on

In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more

Dinsmore & Shohl LLP

Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

Dinsmore & Shohl LLP on

The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals....more

Cozen O'Connor

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

Cozen O'Connor on

Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....more

Jackson Lewis P.C.

How Little May An Employee Allege For Retaliation Protection?

Jackson Lewis P.C. on

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...more

Winstead PC

Trustee Compensation in Texas - Presentation

Winstead PC on

Areas of Discussion: - In this Presentation, we will discuss the following: - Duty of loyalty; - Authority for trustee compensation; - Factors for reasonable compensation; - Other issues arising from trustee...more

Kilpatrick

Texas Supreme Court Holds Attorney’s Fees are Not Recoverable Under the Texas Construction Trust Fund Act.

Kilpatrick on

In an opinion delivered last week, the Texas Supreme Court held that attorney’s fees are not recoverable under the Texas Construction Trust Fund Act. Dudley Construction, Ltd. v. ACT Pipe and Supply, Inc., No. 16-0651 (Tex....more

Carlton Fields

The Privilege Maintains Its Power: Texas Supreme Court Blocks Discovery of Insurer Attorney’s Billing Information

Carlton Fields on

When (if ever) are an insurer’s attorney’s fees and billing information discoverable in a coverage dispute? Though the question is straightforward, the answer can vary from case to case and jurisdiction to jurisdiction. The...more

Clark Hill PLC

SCOTX Ends the “My Fees Are Smaller Than Your Fees” Squabble

Clark Hill PLC on

How many times have you said, upon receiving your opponent’s demand for attorneys’ fees, “That’s outrageous! Our fees are a fraction of that amount!”? Until recently, Texas law was unsettled as to whether you could defend the...more

Cozen O'Connor

Texas Supreme Court Rules on Discoverability of an Insurer’s Attorney’s Fee Bills

Cozen O'Connor on

Are an insurer’s attorney’s fee bills discoverable in first party claims? In In re Nat’l Lloyds Ins. Co., 2017 Tex. LEXIS 522 (Tex. 2017), the Texas Supreme Court considered this question in a hail MDL dispute and answered...more

Winstead PC

Court Holds that Disgorgement Award for Breach of Fiduciary Duty Was Neither Punitive Nor Excessive and that Exemplary Damages...

Winstead PC on

A court of appeals recently issued an opinion rejecting a fiduciary’s claims regarding the excessiveness of the trial court’s judgment that awarded disgorgement and exemplary damages. In Swinnea v. ERI Consulting Engineers,...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

Gray Reed on

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

Dorsey & Whitney LLP

Five Surprising Facts About the Inclusive Communities Case

Dorsey & Whitney LLP on

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide