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In December 2009, Janette Ferguson traveled to Corpus Christi, Texas, to participate in the Harbor Lights Festival boat parade. The day prior to the festival, Ferguson spent the night on her family's sailboat that was kept in a slip on the city marina's C pier. Upon waking the following morning, Ferguson walked to the marina's bathroom facility to take a shower and was returning to her family's sailboat when she slipped and fell on a sheet of ice after passing through the pier gates. Apparently, marina employees had drained the water from a hose overnight to prevent the water line from freezing, and employees claimed that signs were placed around the facility warning marina users of this circumstance. Ron Hebert, who leased a slip on the same pier, observed the spigot on the morning of Ferguson's accident with water trickling out of it and alerted marina employees that ice had formed at the gate. The City disputed Hebert's claim in that he had failed to check in with the marina office upon arrival that evening; therefore, he could not have alerted the employees of the hazard.

The article discusses the need to optimize the regulations of short-term rental (STR) businesses in Texas. Other topics include the role of millennials in the sharing economy, the operation of STR firms like Airbnb.com, the legal issues involving regulations on tort liability and zoning, and the short-term seasonal tourism in coastal communities in South Texas.

The article discusses that if a business wants to preserve the ability to sue for misappropriation of trade secrets, it needs to take "reasonable measures" to maintain the confidentiality of the information that constitutes the alleged trade secrets. Topics include the vast majority of U.S. states, including Texas, have adopted some form of the Texas Uniform Trade Secrets Act and Before TUTSA, Texas courts applied a common-law six-factor test from the Restatement of Torts.

The article argues that the Texas courts should reduce a plaintiffs responsibility before applying the noneconomic damage cap. Topics discussed include laws in Texas concerning tort recovery in medical malpractice actions; the proportionate responsibility statute and the damage cap; and consequence the statutory construction analysis.

The article focuses on the increasing wave of revenge pornography due to the increasing access to cameras and the use of cell phone applications for recording materials and mentions its socially destructive effects. Topics discussed include comparison of pornography and revenge pornography, aforementioned tortious remedies to help guide practitioners and courts towards the revenge pornography, and explore the tort of intrusion upon seclusion.

The article discusses the use of indemnification agreements for intentional misconduct in balancing public policy and right to contract in Texas. Topics discussed include freedom to contract and interpreting indemnity agreements in Texas; the state statutory limits on indemnity; and impact common law on contract law, tort law, and the law of indemnity.

The article focuses on Texas' definition of a trade secret under the Restatement of Torts. It discusses the trade secret laws in Texas and mentions that the key difference between Texas law and the Uniform Trade Secrets Act that is used in other states of the U.S. is the definition of a trade secret. It reflects on the Texas Supreme Court case Hyde Corp. v. Huffines with regard to Texas courts' first recognition of the Restatement of Torts definition of trade secrets. It presents several factors that a business owner in Texas should analyze to ensure protection of a trade secret including the extent of information known outside the business, the extent of information known by the employees and indication of the information's value.

The article focuses on shareholder oppression and its consequences for a closely held corporation. As mentioned, Texas Court of Appeals has defined shareholder oppression in two ways as either a wrongful conduct or defeat of minority. Shareholder oppression is still a developing area of law with many unanswered questions like financial failures and treatment of its buyout remedy after the corporation has filed bankruptcy. It also discusses the court case Ritchie v. Rupe.

The article focuses on several aspects related to the Economic Loss Rule including its definition, rationales for the Economic Loss Rule and its history. It offers information that the rule is a legal precedent that cuts off tort liability to persons for purely economic loss. It discusses certain case laws of the U.S. and Texas involving this rule. It informs about the origin of the rule to protect boundary between contract and tort and to limit negligence actions in non-contract settings.

In this article the author is critical on the structure of the Texas Revised Partnership Act (TRPA) and the underlying intent of the lawmakers over limited liability partnerships (LLPs). The author has proposed an alternate construction wherein it accommodates the interaction from liability protection, contractual debts, and tort claims. The author concluded that the establishment of a concrete data of incurrence and accrual provides semblance of certainty to partnerships in the LLP form.

The article offers information about Texas court cases related to toxic torts and mass tort litigation. It provides analysis about the legal issues of duty to warn, causation, and securities fraud in court cases including Centocor, Inc. v. Hamilton, Smith v. Kelly-Moore Paint Co., and Archdiocese of Milwaukee Supporting Fund, Inc. v. Halliburton Co.

The article offers information about Texas court cases related to personal tort law. It provides analysis about the legal issues of duty of care in negligence actions, duty to warn, and medical malpractice in court cases including Del Lago Partners, Inc. v. Smith, Centocor, Inc. v. Hamilton, and Walters v. Cleveland Regional Medical Center.

The article discusses the changes made as part of the judicial tort reform in Texas. A great deal of legislation restricting tort liability has been passed by the legislature, and the most comprehensive was the laws that capped non-economic damages in most medical malpractice cases. In addition, tort liability is a conscious choice to prefer the interests of one group over the other, just like the legislatures that make choices all the time.

This article examines the valuation of human life in the Texas tort compensation system. Using a large database that reports settlement amounts in over 11,000 cases seeking compensation for death, we find that the median settlement compensation is around $200,000. This is far below the $5‘$6 million used by administrative agencies, which base their valuation of human life upon economic studies. We also examine the determinants of compensation for death. The data show that compensation corresponds to legal standards for damages valuation, such as expected income loss. However, compensation in these cases is also significantly affected by other factors, such as insurance policy limits, location of injury, and nature of the defendant. We propose the adoption of a presumptive minimum award in wrongful death cases, to correct for undercompensation and associated underdeterrence [ABSTRACT FROM AUTHOR]

The article describes the impact of tort reform on the practice of plaintiff's law in Texas. It cites the changes in the plaintiff's practice in the state since 2000 that are related to tort reform. It tackles the responses of lawyers to a specific set of health care reforms enacted in Texas in 2003 to demonstrate that reforms diminished access to the civil justice system. It asserts that the tort reforms make it difficult for lawyers to remain profitable.

Examines the overlap between comparative negligence and proximate cause in Texas law. Information on the ameliorative doctrines; Definition of superseding cause; Factors which determine the superseding cause, according to the `Restatement (Second) of Torts'; Conclusion.

The article examines the impact of changes in lighting design methods on tort liability issues in Texas citing the implications of the principle of sovereign immunity in protecting the state of Texas from liability associated with lighting design. Tort liability consequences inherent to the roadway lighting design process should be used to minimize the potential future impact on the anticipated type of change.

The article presents an analysis on the ruling of the Court of Appeals of Texas relating to a personal injury suit which has been referred by the court to mediation proceedings. The author has presented the factual background of the case, highlighting on the legal issue of whether or not respondents' failure to obey the court's order for mediation constitutes contempt. The court held that the question of whether the respondent attended the mediation and had permission to leave concerned only the procedural issue of attendance, not the underlying subject matter of the dispute, or the manner in which the parties negotiated, thus there can be no contempt on his part.

The discusses the opinions of different U.S. courts in cases involving the country's torts and insurance laws as of May 2015. Topics discussed include the decision of the Minnesota Supreme Court in the "Meeker v. IDS Property Cas. Ins." involving laws related to real property taxes; laws related to insurance coverage through Minnesota Insurance Guaranty Association (MIGA); and opinion of the Minnesota Court of Appeals in "Terminal Transport Inc. v. Minn. Ins. Guar. Assoc."

Reports on a United States Court of Appeals' decision regarding class actions. Procedures for legal claims stemming from the harmful effects of asbestos; Principle of products liability law in Texas; Problems presented by the phenomenon of mass torts.

Recounts the experiences of a consumer activist and her husband who went on a nine-city tour of western Texas to publicize consumer movement opposition to changes in the state's tort laws. Reasons for opposition of consumer activists to tort reform; Consumer activists proposal for insurance reform; Diary of their media tour of the region.