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Reduced Statute of Repose on Residential Construction Projects by Texas Legislature Could Significantly Limit Builder Warranty and Defect Claims Moving Forward

In June 2023, Texas made a change to a long-standing law regarding the rights of residence owners to make claims for design or construction defects against persons who construct, alter, or repair residential property. Residential builders are not required to provide homeowners with warranties guaranteeing their work – though many choose to do so. Instead,...

Final Rule Unveiled by FMCSA Will Tighten Rules for Trucking Companies Providing Relief During Emergencies

In a bid to enhance the efficiency and safety of emergency relief efforts, the Federal Motor Carrier Safety Administration (FMCSA) recently unveiled a Final Rule aimed at tightening regulations for trucking companies involved in providing crucial relief services during emergencies. This significant development comes as a response to the increasing need for streamlined operations in...

Federal Circuit Court Leaves One Issue Unresolved on Trademark Incontestability and Fraud on U.S. Patent and Trademark Office

A trademark registration is presumptively valid for five years. However, after that time period, the rights to the trademark may become incontestable if the registrant proves the statutory requirements. One important recent federal circuit case is Great Concepts Management Group v. Chutter, Inc., WL 6854647 (Fed. Cir. Oct. 18, 2023). The Trademark Trial and Appeal...

What Two Texas Supreme Court Rulings Mean for Builders and Developers Looking to Enforce Arbitration Agreements

Plaintiffs and defendants often attempt to argue that they are not bound by the arbitration agreements contained in the contracts they sign. The Texas Supreme Court recently issued two opinions that benefit both builders and developers who wish to enforce the terms of arbitration agreements. Many lawyers have long used a litigation strategy for construction...

DALLAS – Fee, Smith & Sharp, LLP is proud to announce 8 attorneys across offices in Dallas, Austin, and Houston have been selected as 2023 Texas Super Lawyers.

Super Lawyers is a distinguished rating service that recognizes the top lawyers in Texas as selected via a peer nomination process and based on the results of independent research. Selected lawyers are those who received the highest point totals during the nomination, research and peer review process. We are proud to have the following attorneys...

19On September 18, 2023, Senior Counsel Eugene Tagle obtained Summary Judgment in favor of their hospitality client in Dallas County, Texas in a dram shop case. Plaintiffs alleged that the client’s employees knowingly sold alcoholic beverages to an intoxicated person, who later that evening drove the wrong way down a Dallas highway and caused a...

Fee Smith & Sharp is proud to announce another Houston win. On August 25, 2023, Senior Partner, Brian Cano, and Senior Associate, Paige Farrimond obtained Summary Judgment in favor of their Hospitality Client in Harris County, Texas, dismissing all claims brought by Plaintiff. Plaintiff alleged premises liability against Defendant, and Defendant argued Plaintiff had not...

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