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Voluntary Cessation Does Not Moot Case

The Texas Supreme Court held that the defendant’s voluntary cessation of challenged conduct did not render the plaintiff’s claims for prospective relief moot where the challenged conduct might reasonably be expected to recur in Matthews v. Kountze I.S.D., 14-0453, 2016 Tex. LEXIS 95 (January 29, 2016).  In that case, middle and high school cheerleaders had Read More…

Avoid the Fine; Submit your Report: Looming Deadline for Entities with the Power of Eminent Domain

The 84th Legislature enacted SB 1812, the Eminent Domain Transparency bill, which requires public and private entities with eminent domain authority to report specific information to the Comptroller each year. Those entities that have been in existence for at least 180 days on September 1, 2015, must submit an initial report no later than February Read More…

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Loss of Use Damages Now Recoverable Even When Property is Destroyed

Texas has long clung to a peculiar distinction about when loss-of-use damages are available in suits for damage to personal property. Resolving a split among the courts of appeals, the Texas Supreme Court recently ruled in J&D Towing, LLC v. American Alternative Insurance Corp.[1] that damages for loss of use of damaged property should always Read More…

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Supreme Court Hands Defendants a Potentially Powerful Class Action Weapon

Last week, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, a closely watched Telephone Consumer Protection Act (TCPA) case. The plaintiff, Gomez, filed a TCPA class action after he received allegedly unwanted (and therefore illegal) text messages from an advertising firm, Campbell-Ewald. Under the TCPA, Gomez could recover $500 in statutory damages, with the Read More…