Dallas Austin

What is the consequence of an attorney selecting jurors on the basis of race?  The Texas Supreme Court recently overturned a $9.6 million verdict from a Dallas County jury, finding that race was used as the basis for selecting jurors and excluding potential ones. The facts in United Rental North America, Inc. v. Evans are tragic. In March 2015, United Rentals decided to move two pieces of equipment from its San Antonio to its Irving locations.  One was a forklift with a boom arm measuring slightly over 8 feet tall, and the other was a boom lift measuring 10 feet tall. Due predominantly to la

The Corpus Christi Court of Appeals recently held that a family’s allegations against a funeral home for its handling of a relative’s body were subject to arbitration, even though some of the family members were not parties to the agreement to arbitrate. After her mother passed away, Anabel Gonzalez entered into a contract with SCI Funeral Services, LLC d/b/a Funeraria del Angel (SCI) for visitation and embalmment services. The contract contained a mandatory arbitration provision. According to Anabel and her family members, her mother’s eye and mouth opened, leaking fluid, during a visit

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

On April 18, 2023, a Dallas jury awarded $44 million in damages to a Texas homeowner who was rendered a paraplegic from an electric shock when trying to cut trim trees near a high-voltage power line.  How did this happen? The Taylors own a rental house on a corner lot in Graham, Texas. The Shifletts own the house next door.  Both houses receive electrical power from lines owned and operated by Oncor Electric Delivery Company, LLC (Oncor).  A 7,200 volt uninsulated power line runs to the corner of the Taylors’ property and two 240 volt insulated service lines, one running to the Taylors’

When can a foreign company be haled into Texas court? For many years, the Texas Supreme Court has hewed closely to US Supreme Court precedent when it comes to exercising personal jurisdiction over a party. In a recent decision, however, the Texas Supreme Court has signaled it is open to applying a broader standard, making it easier to bring and keep suit against foreign companies. On May 5, 2023, the Texas Supreme Court ruled that Texas courts may exercise personal jurisdiction over a foreign entity when that entity controls the means, details, and manner in which an American subsidiary condu