Dallas Austin

What is “surface water” and how can diverting it create liability under Texas law?  In Good River Farms, L.P. v. TXI Materials, L.P., the United States Court of Appeals for the Fifth Circuit, interpreting Texas law, recently answered these questions. In October 2017, Good River Farms, L.P. (Good River) filed suit against TXI Operations, L.P. and Martin Marietta Materials, Incorporated (Martin Marietta) asserting claims for nuisance, negligence, and violations of the Texas Water Code. The dispute between Good River and Martin Marietta stemmed from a “120-year flood” that occurred near

The Texas Supreme Court, in Texas Department of Insurance v. Stonewater Roofing, Ltd. Co., affirmed the licensing requirements for public adjusters and the prohibition of public adjusters to also act as repair contractors. How did the Court reach this opinion and what impact will it have on the construction industry? In Stonewater, a commercial customer of Stonewater Roofing Ltd. Co. (Stonewater) sued Stonewater for violating the Public Insurance Adjusters Act (“Act”), Texas Insurance Code Chapter 4102. Stonewater then filed a declaratory judgment action against the Texas Department of Ins

On January 1, 2024, an important change in the Corporate Transparency Act (“CTA”) took effect. This change created ownership reporting requirements for private companies. Specifically, all entities, except sole proprietorships, some general partnerships, wealth planning trusts, unincorporated entities, and foreign entities not registered to do business in the United States, have to report to the federal government who the beneficial owners of the entity are. A beneficial owner includes anyone who exercises substantial control over the entity or owns or controls twenty-five percent or more

The Supreme Court of Texas issued two important opinions in December 2023: One of which dealing with a savings statute for the statute of limitations and another regarding the applicability of “but for” causation in adverse employment actions. Sanders, et al. v. The Boeing Company, et al. In a personal injury suit involving a couple of flight attendants for a major airline, the Supreme Court of Texas answered a certified question from the U.S. Court of Appeals for the Fifth Circuit concerning the breadth of a savings statute that tolls statutes of limitations. Lee Marvin Sanders and Matthe

Texas law has recently changed regarding the notices a homeowners association (HOA) must provide to its member homeowners of a lien relating to unpaid assessments. Find out how the law has changed and how those changes may impact the timing of HOAs contracting with design professionals and contractors for property improvements. Most everyone has dealt with a HOAs in one way or another. HOAs often deliver services that are commonly reserved for local government entities like trash pickup, street paving, and lighting. Depending on the community, an HOA may also maintain swimming pools, tennis co