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

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

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

 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

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

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