ARE LOST PROFITS FOR OBSTRUCTION OF ACCESS LOST IN TEXAS CONDEMNATION?

Posted on October 9, 2017 by

By: Mary Colchin Johndroe* The recent Luby’s Fuddruckers case seems to present an unsolvable dilemma for landowners seeking lost profits for interference with access in a Texas condemnation proceeding. State v. Luby’s Fuddruckers Restaurants, LLC, No. 13-16-00173-CV, 2017 WL 2608296 (Tex. App.—Corpus Christi, June 15, 2017, no pet.) (mem. op.) Ostensibly, the Luby’s Fuddruckers case … Read More

Securing Discovery from a Texas Non-Party

Posted on July 18, 2017 by

Frequently Asked Questions Texas is one of the few states which has not adopted the Uniform Interstate Depositions and Discovery Act.  As such, out-of-state parties who wish to seek discovery from Texas individuals or entities must comply with a confusing set of rules found in the Texas Rules of Civil Procedure.  An important part of … Read More

“Something Much Simpler” in Texas Condemnation – The Separate Economic Unit

Posted on December 18, 2015 by

 Value of the property is usually the paramount issue in a condemnation case.  Two recurrent factors which often influence land values are highest and best use and size of a parcel. Property utilized for commercial pad sites in a developed subdivision is likely to have a higher value per square foot than raw land put … Read More

Challenging A Default Judgment In A Texas Federal Court

Posted on November 2, 2015 by

So you just learned that a federal court in Texas has entered a default judgment against your company. As a result, your company is now liable to the plaintiff for thousands of dollars even though the plaintiff’s claims against your company are weak. You didn’t even know a lawsuit had been filed. What do you do? … Read More

The Crazy Quilt of Drone Laws and the Impending Constitutional Showdown

Posted on September 14, 2015 by

With each passing day, it seems that we are confronted with yet another story of a drone (or “Unmanned Aircraft System” as the pros call them) being used for something amazing and something frightening. Be it constructing buildings through 3D-printing drones or spying on sunbathing beauties, the use of drones appears to be limited only … Read More