Crain Caton & James

In re First Reserve Management, No.22-0227, 2023 WL 414054 (Tex. June 23, 2023), the Texas Supreme Court discusses when a parent corporation’s actions cross the line of “control” of the subsidiary, making the parent potentially liable for the subsidiary’s torts.  This case resulted from a series of explosions at the TPC petrochemical processing plant. The […]

In PNC Mortgage v. Howard, No. 21-0941, 2023 WL 3398580 (Tex. May 12, 2023), the Supreme Court of Texas held that PNC’s foreclosure action was time-barred and in the “mortgage-lending context, what subrogation gives a refinance lender is merely a back-up lien.”  In 2003, the Howards took out two mortgages with First Financial Corporation.  In […]

In Bartenwerfer v. Buckley, 598 U.S. —–, 143 S.Ct. 665 (2023), the Supreme Court unanimously ruled in favor of a home buyer who was attempting to regain losses from sellers due to fraud for the purchase of a house at an inflated price and with concealed defects and permitting issues.  The core issue addressed by the […]

In Valero Title v. RLI Ins. Co., No. 22-20155, 2023 WL 1434270, (5th Cir. Feb. 1, 2023), the Court of Appeals affirmed the district court’s ruling that Valero’s proof of loss claim for a fraudulent funds transfer was covered by the crime protection policy under the funds transfer fraud endorsement. Valero purchased a crime-protection policy from RLI […]

It’s a tale as old as time – Plaintiff receives a voicemail from someone purporting to be an agent of her utility company requesting payment through Zelle for an overdue bill.  After being misled by the scammers, Plaintiff authorizes Zelle to transfer funds. The scammers trick her to send additional Zelle transfers.  The next day, Plaintiff […]

In Mader v. Experian Info. Sol.,Inc., Nos. 20-3073, 21-2171, 2023 WL 27654, (2d Cir. January 4, 2023), the plaintiff brought action under the Fair Credit Reporting Act (FCRA) against a credit-reporting agency for reporting his private educational loan, which he believed was discharged in bankruptcy, as “due and owing.”  The bankruptcy court in 2013 stated that “all […]

So, you thought being a marketing influencer was an avant-garde and risk-free career until you were sued for direct infringement, contributory infringement, false advertising and unlawful and unfair business practices for helping to promote a product.  Petunia Products, Inc. (PPI), a cosmetics company, owned the BROWBOOST® trademark for an eyebrow product.  Rodan & Fields, LLC (R&F) released […]

In this case of interest, the Eleventh Circuit Court of Appeals ruled a bank cannot reduce the time requirement for an account holder to notify the bank of fraudulent wire transfers.  The district court granted summary judgment in favor of the bank holding that the bank’s agreement effectively shortened the time-period for an account holder […]

The opinion in Gonzalez v. Vantage Bank Texas, No. 04-21-00285-CV, 2022 WL 14679567 (Tex. App. – San Antonio 2022, no pet. h.), reaffirms the importance of a bank customer’s duty to timely review bank statements for errors or unauthorized transactions.  Gonzalez brought claims against her bank for breach of contract and negligence, alleging that after a CD […]

In this case of interest, the Second Circuit Court of Appeals reversed a prior ruling and ruled that lenders must return $500 million to Citibank, who mistakenly wired transferred funds to the lenders in excess of the presently required loan payments as a result of an error. See Citibank v. Brigade Capital Management, 49 F.4th […]

This case of interest comes from the Second Circuit where the court rejected a series of “carbon copy” lawsuits. In Calcano v. Swarovski North America Ltd., 36 F.4th 68 (2nd Cir. 2022), four plaintiffs claimed five retailers violated the Americans with Disabilities Act (ADA) by failing to sell Braille gift cards. These lawsuits, out of […]

I sometimes want to send blurbs about non-business cases.  This case of interest comes from the N.Y. Court of Appeals where the court dismissed a petition for writ of habeas corpus for Happy, the Thailand-born elephant. In Nonhuman Rights Project, Inc. v. Breheny, No. 52, 2022 WL 2122141 (N.Y. June 14, 2022), the Nonhuman Rights […]

This case of interest addresses the use of an e-signature by clicking the “acknowledgment” button on an electronic agreement.  In Apprio, Inc. v. Zaccari, No. 18-2180 JDB, 2022 WL 971001 (U.S. District D.D.C. March 31, 2022), the Court found that the defendant was bound by the Agreement that was electronically acknowledged (i.e., the Proprietary Information […]

I previously sent an email update regarding a dismissal/summary judgment in a matter styled Williams v. Happy State Bank, No. 07-22-00003-CV, 2022 WL 226852, Williams v. Happy State Bank (Tex. App. Jan. 26, 2022, no pet.).  (Tex. Court of Appeals, 7th Dist. 2022).  In that update, I wanted to let various banks and credit unions […]

In Elizondo, an attorney was scammed by a putative client.  See Cadence Bank v. Elizondo, No. 20-0273, 2022 WL 815946 (Tex. Mar. 18, 2022).  The attorney was tricked into negotiating and depositing a fraudulent cashier’s check by an email scam.  More specifically, examination of emails between Elizondo and his “client” showed typical signs of a […]

Below is a write up from Guest Contributor – Riecke Baumann, Baumann Law Firm, regarding a change in the rules that may be of interest to you: At the request of the legal aid groups, the 2021 Legislature mandated the Texas Supreme Court to create rules for Justice Courts to advise judgment debtors of their […]

Attached please find a great summary judgment order granted in favor of a bank which is a new decision you may find of interest regarding class action proceedings in Texas on NSF fees issues.  In this case, Plaintiff made two different class allegations. First, Plaintiff claimed that the bank wrongfully imposed an NSF fee on […]

Texas lawmakers recently passed a landmark bill, HB 4474, also known as the “Virtual Currency Bill,” which recognizes cryptocurrencies and other blockchain currencies in the Texas Business and Commerce Code. The Virtual Currency Bill defines virtual currencies, establishes when a purchaser has control over such currencies, and clarifies how a security interest in a virtual […]

In 2015, several of Michael Lockwood’s companies took on $90 million in revolving lines of credit from Wells Fargo and Trustmark National Bank. Lockwood Int’l. Inc. v. Wells Fargo, Nat’l Ass’n, 2021 WL 3624748 (5th Cir. Aug. 16, 2021). Within a year, some of the obligations had already been breached. As a result, the parties […]

In these consolidated cases, seven plaintiffs claimed their consumer debts were not owned by the creditors listed on their credit reports and requested that the credit reporting agencies investigate their claims. Credit reporting agencies verified debt ownership with creditors and debtors were informed. Plaintiffs felt the investigations by the credit reporting agencies were inadequate and […]

This matter began in 2011 when Sergio Ramirez tried to purchase a car and was denied due to inaccurate data placed in his credit file by TransUnion LLC.  The credit bureau erroneously connected Ramirez to the terrorist watch list maintained by OFAC.  Ramirez, on behalf of himself and 8,184 additional members, filed a suit declaring […]