News
Creators of ChatGPT Under Siege by Litigants
Some people call me a tech junkie, and I’ll admit, the moniker fits. Has for decades. Professionally, I’m continually on the lookout for a legitimate application or service that will make my law practice more efficient and effective. When I learned about ChatGPT and related services such as DALL·E last year, I couldn’t wait to…
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Texas Supreme Court Reaffirms the Principle That Ownership of an Entity Does Not Automatically Equate to Liability for that Entity’s Acts or Omissions
In a recent Texas Supreme Court (the “Court”) opinion in the case styled In re First Reserve Mgmt., L.P., the court reaffirmed and clarified the pleading and substantive standards for holding an investor in an entity liability for the entity’s acts or omissions. No. 22-0227, 2023 Tex. LEXIS 675, at *1 (Tex. June 23, 2023)….
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Incorporation By Reference
“Incorporation by reference,” a common practice in the drafting of contracts, can cause issues if used improperly, ranging from ambiguities to a fundamentally unenforceable agreement. The Northern District of Texas recently addressed the incorporation by reference doctrine in Balboa Capital Corporation v. Okoji Home Visits MHT LLC, a consolidated case involving claims that arose out…
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Texas Supreme Court Clarifies Acceptable Form of Compliance with Contractual Notice Provisions
The Supreme Court of Texas addressed the appropriate form of compliance with contract notice provisions in James Construction Group, LLC v. Westlake Chemical Corporation, wherein it adopted the substantial compliance test, a test that had been previously adopted by several Texas appellate courts. 650 S.W. 3d 392 (Tex. 2022). In May 2012, Westlake Chemical Corporation…
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Revisiting Pre-suit Discovery under TRCP 202
The Eleventh District Court of Appeals recently vacated an order authorizing pre-suit discovery sought by an aggrieved mother in a purported school bullying investigation. Gordon Indep. Sch. Dist. v. Hinkson, Nos. 11-22-00323-CV, 11-22-00324-CV, 2023 Tex. App. LEXIS 1391 (Tex. App.—Eastland Mar. 2, 2023, no pet. h.). Kayci Hinkson, individually and on behalf of her minor…
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