News & Legal Updates

Archive for October, 2010
October 21st, 2010 | Posted in: Newsletters
FALL 2010 NEWSLETTER AND LEGAL UPDATE VICTORIES, HONORS AND OTHER NEWS

Fanning Harper Martinson Brandt & Kutchin, P.C. is pleased to provide you with our Fall 2010 Newsletter and Legal Update. Below you will find information regarding successes and activities of our attorneys. Please click the hyperlinks for updates regarding Local Government Law, Constitutional/Civil Rights Law, Products Liability, Takings and Zoning, Employment Law, and School Law Read More

October 21st, 2010 | Posted in: News
FALL 2010 NEWSLETTER LOCAL GOVERNMENT CASE LAW UPDATE

by Joshua Skinner Texas Supreme Court Colquitt v. Brazoria County, 2010 Tex. LEXIS 691 (Tex. 2010) The Texas Tort Claims Act requires that a governmental entity obtain notice of a claim against it within six months of the incident giving rise to the claim. Such notice generally must be a formal, written notice that must Read More

October 21st, 2010 | Posted in: News
FALL 2010 NEWSLETTER CONSTITUTIONAL/CIVIL RIGHTS LAW UPDATE

John F. Roehm III   Fifth Circuit Court of AppealsFifth Circuit Court of Appeals Xcaliber International Limited, LLC v. Attorney General State of Louisiana, ____ F. 3d ____ (5th Cir. July 20, 2010) A Louisiana statute requiring tobacco manufactures to deposit funds in escrow in order to sale cigarettes in the state does not violate Read More

October 21st, 2010 | Posted in: News
FALL 2010 NEWSLETTER PRODUCTS LIABILITY LAW UPDATE

by Rocky Little Fresh Coat, Inc. v. K-2, Inc., 53 Tex. Supp. J. 1046, Supreme Court of Texas, August 20, 2010. This indemnity case concerns product liability litigation in the residential construction industry. K-2, Inc. manufactures synthetic stucco components that are collectively referred to as “EIFS,” an acronym for exterior insulation and finishing system. Fresh Read More

October 21st, 2010 | Posted in: News
FALL 2010 NEWSLETTER TAKINGS AND ZONING CASE LAW UPDATE

by John Husted   Supreme Court of Texas Kirby Lake Development Ltd. V. Clear Lake City Water Authority, 2010 Tex. LEXIS 613 (Tex. August 27, 2010) An inverse condemnation suit is barred when the State withholds property or money from an entity while acting within a color of right under a contract, as opposed to Read More

October 21st, 2010 | Posted in: News
FALL 2010 NEWSLETTER EMPLOYMENT LAW UPDATE

by Francisco J. Valenzuela Fifth Circuit American International Specialty Lines Ins. Co. v. Rentech Steel LLC, 2010 U.S. App. LEXIS 19561 (September 21, 2010) An insurance policy’s exclusion of coverage for obligations incurred under workers’ compensation laws does not apply to claims arising out of the nonsubscribing employer’s own negligence. Rentech was sued when one Read More

October 21st, 2010 | Posted in: News
FALL 2010 NEWSLETTER SCHOOL LAW CASE LAW UPDATE

by John Husted Fulsom v. Mexia ISD, 2010 Tex. App. LEXIS 7757 (Tex. App. – Waco, September 22, 2010) The Texas Tort Claims Act does not waive a school district’s immunity from abuse of process, which is an intentional tort. Galveston ISD v. Clear Lake Rehabilitation Hospital, L.L.C., 2010 Tex. App. LEXIS 7708 (Tex. App. Read More