The latest from Texas Lawyer
- Raising the Appraisal: Clause in Policy Not Waived Absent Showing of Prejudice
- Commentary: Obtaining a Temporary Injunction on a Noncompete
Raising the Appraisal: Clause in Policy Not Waived Absent Showing of Prejudice | Top |
The Texas Supreme Court ruled on May 6 that an insurance company did not waive its right to compel an appraisal even though the insurer waited until after it was sued to bring up the issue with the trial court. Don Martinson represents Universal Underwriters of Texas Insurance Co. | |
Commentary: Obtaining a Temporary Injunction on a Noncompete | Top |
An employer's lawyer appearing in a Dallas court seeking a temporary injunction to enforce a covenant not to compete needs to be armed with the law and be aware of some strategic considerations, writes Art Lambert. The general rule in Texas is that covenants in restraint of trade are unenforceable. Texas Business and Commerce Code 15.05 declares, "Every contract, combination, or conspiracy in restraint of trade or commerce is unlawful." | |
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