Dallas Austin

Texas state agencies are immune from liability and suit with respect to most causes of action against it under the doctrine of sovereign immunity, including for construction contracts. This immunity applies unless expressly waived by Texas statute. The Texas Supreme Court recently addressed one of these waivers in Pepper Lawson Horizon International Group, LLC v. Texas Southern University involving a contractor asserting a state agency failed to make payment per their construction contract. The Court’s ruling in Pepper Lawson has major implications for Texas contractors doing work with Texas

Nevada recently joined two other states in banning insurance policies that erode with defense costs.  However, the Nevada law is both broader and more ambiguous than the others.  How will this law and the seemingly growing movement to outlaw eroding limits policies affect you?  Potentially, in many ways.  The Nevada statute, Nevada Revised Statute 679A, is very short and states as follows. Notwithstanding any other provision of law, an insurer, including, without limitation, an insurer listed in NRS 679A.160, shall not issue or renew a policy of liability insurance that contains a provisio

Beginning September 1, 2024, new Texas courts will hear qualified, complex commercial disputes. The passing of House Bill 19 in early June 2023 created eleven trial “Business Courts” with judges that will be appointed by the Governor with the consent of the Senate.  Each Business Court will serve a specific judicial region. Additionally, House Bill 19 established the brand-new Fifteenth Court of Appeals, which will handle appeals from the trial Business Courts. To be appointed to the Business Courts, judges must have ten or more years of experience practicing complex civil business litiga

Jurors in Georgia recently awarded landowners $135.5 million in damages, including $125 million in punitive damages, for siltation and sedimentation of a pond caused by development of a solar energy farm on an adjoining piece of property.  How did this happen? Shaun and Amie Harris through a corporate entity, H&L Farms, LLC, purchased 1630 acres of land (H&L Farm), including a 21 acre lake, in Stewart, Georgia in March 2021.  The prior owner, Kawikee Refuge, LLC, was controlled by Jim Butler and Joel Wooten, the attorneys who ultimately represented the Harrises in this dispute. In 20

The Texas Legislature’s general session concluded on May 29, 2023 with several very important pieces of legislation being passed.  The Legislature was unable to resolve issues related to property tax relief and border security and Governor Abbott has a called for a Special Session to address those issues.  Several of the bills which did pass will impact both construction and businesses in the State of Texas and include the following. HB 1255 – Limitation Periods on Arbitration Proceedings  Summary: HB 1255 makes it clear that statutes of limitation apply and will bar claims in arbitrat