Jones Day Houston, TX Document Search Results (14)
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|Texas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions|
Scott W. Cowan, Kent W. Lindsay, Andrew D. Ness, William R. Taylor, J. Laurens Wilkes; Jones Day;
November 12, 2014, previously published on October 2014The Texas Supreme Court held that a no-delay-damages provision cannot shield an owner from liability for deliberately and wrongfully interfering with a contractor's work. Zachry Constr. Corp. v. Port of Houston Auth., No. 12-0772, 2014 Tex. LEXIS 768, at *43 (Tex. Aug. 29, 2014). The court not only...
|Arbitration for One is Not Arbitration for All: Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration|
Scott W. Cowan, Taylor L. Freeman, Kent W. Lindsay, Andrew D. Ness, Stephen V. O'Neal; Jones Day;
October 16, 2014, previously published on October 2014Recently, the U.S. Court of Appeals for the Sixth Circuit allowed a subcontractor's lawsuit against design professionals to proceed even though all parties had previously participated in a consolidated arbitration proceeding over the same issues. W.J. O'Neil Co. v. Shepley, Bulfinch, Richardson...
|Private Investment in Mexican Natural Resources|
José Estandía, Mauricio E. Llamas C., William P.M. Schwind, Alberto de la Parra Z.; Jones Day;
October 6, 2014, previously published on September 2014A hallmark of the constitutional amendments of December 20, 2013, is the opening of the Mexican oil and gas sector to private participation. The National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos, "CNH") now has the authority and ability to grant licenses and to...
|Mexico's New Regulatory Framework for Oil and Gas|
José Estandía, Mauricio E. Llamas C., William P.M. Schwind, Arturo de la Parra R.; Jones Day;
September 23, 2014, previously published on September 2014The following is the first chapter in a four-part Commentary discussing the groundbreaking reforms to Mexico's oil and gas sector. The Commentary chapters and their publication dates are as follows:
|Texas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals|
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
August 21, 2014, previously published on August 2014In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...
|The New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework|
Shawn Cleveland, N. Scott Fletcher, Joshua L. Fuchs, Matthew D. Orwig, Deborah Savarese Sloan; Jones Day;
August 21, 2014, previously published on August 2014Spoliation of evidence has, for some time, remained an important topic relating to the discovery of electronically stored information. Many companies continue to struggle with the burden and expense of various retention requirements in the era of "big data." However, a recent Texas...
|Conditional Pricing Practices in the U.S. Spotlight|
Kathryn M. Fenton, J. Bruce McDonald, David P. Wales; Jones Day;
July 11, 2014, previously published on July 2014On June 23, 2014, the Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ”) hosted a one day workshop to explore the economic and legal implications of conditional pricing practices such as loyalty discounts, market share...
|Supreme Court Decision in Halliburton II Affords Welcome Tool to Defendants|
Michael L. Davitt, N. Scott Fletcher, William S. Freeman, Robert W. Gaffey, Peter J. Romatowski; Jones Day;
July 1, 2014, previously published on June 2014On June 23, the United States Supreme Court issued its highly anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 ("Halliburton II"), ruling that defendants may defeat class certification in securities fraud cases if they show that alleged misrepresentations...
|The Fracking Case That Wasn't: Recent Texas Jury Verdict Catching the Headlines|
Robert A. Dahnke, Joshua L. Fuchs, William R. Taylor; Jones Day;
May 16, 2014, previously published on May 2014On April 22, in an alleged "fracking case," a Dallas jury awarded almost $3 million to a Texas family, finding that an energy company's drilling activity in the Barnett shale constituted a private nuisance. Parr v. Aruba Petroleum, Inc., No. 11-01650, (County Ct. at Law No. 5, Dallas...
|GoDaddy.com, LLC v. Toups—A Texas Appellate Court Draws on Iqbal/Twombly to Apply the New Texas Rule on Motions to Dismiss|
Thomas F. Allen, N. Scott Fletcher, Jeffrey L. Mills, Elizabeth G. Myers; Jones Day;
May 16, 2014, previously published on May 2014Historically, disposing of groundless claims at the pleading stage in Texas trial courts has been difficult. Absent clear grounds for dismissal based on jurisdiction, limitations, or other legal doctrines, defendants generally filed an answer, engaged in discovery, and moved for summary judgment as...