When Leland Dykes proposed to his girlfriend, Pepper Lee, he did so with a $26,000 diamond engagement ring in tow. He also bought a house for Pepper and put it in Pepper’s name. Leland protected his interest in the house through a Property Agreement with Pepper, but did not get a pre-nup covering that pricey ring. So, when
Object to Undefined Terms in Jury Charges
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals recently held that undefined terms in jury charges must be given their "commonly understood meaning." The Court noted that neither party objected to the lack of a definition. As a result, the Court held that there was legally sufficient evidence to support the jury’s verdict based on the common understanding…
Waiver of Jury Trial Clause: How far does it go?
By Mike Northrup on
Posted in Opinions & Judgments
The Beaumont Court of Appeals has held that a contractual waiver of jury clause does not extend to non-contractual claims brought against non-signatory joint tortfeasors or alleged conspirators.
In In re Wild Oats Markets, Inc., Kuykendahl-WP Retail, L.L.P. ("Kuykendahl") had a lease agreement with Wild Oats Markets, Inc., which contained a contractual waiver-of-jury-trial clause. …
Commingling of Theories under Casteel
By Mike Northrup on
Posted in Opinions & Judgments
The Fort Worth Court of Appeals issued a couple of opinions in Young v. Thota addressing an alleged jury charge error. In this medical negligence case, the alleged charge error relates to whether the trial court should have submitted an issue asking whether the plaintiff was contributorily negligent or whether the plaintiff’s acts raised mitigation of damages questions. The majority concludes that it…