Entries by Sherry Murphy

Larry Wilshire, Michael Peck, and Sterling Elza named co-chairs of the Construction Law Practice Group

Larry Wilshire, Michael Peck, and Sterling Elza have been named Co-Chairs of the Construction Law Practice Group by Brown, Dean, Proctor & Howell, L.L.P. Mr. Wilshire has more than 30 years of experience in construction law. Mr. Wilshire also practices in the areas of business and commercial law as well as housing law. Mr. Peck […]

American College of Trial Lawyers

JOHN W. PROCTOR ADMITTED TO AMERICAN COLLEGE OF TRIAL LAWYERS              John W. Proctor was inducted as a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America, on February 28, 2015. His induction took place before an audience of approximately 585 persons during […]

John W. Proctor – Experienced Litigator and Managing Partner

John W. Proctor is the Managing Partner of Brown Dean. He has over 30 years of experience in civil trial law. Mr. Proctor has been board certified in civil trial law since 1990 and represents railroad and aircraft manufacturers in difficult and often emotionally charged personal injury and wrongful death litigation and consistently obtains successful […]

Texas Jurors

In Texas civil litigants are entitled to a trial by jury consisting of 12 jurors. Alternate jurors may be appointed to serve so long as they meet the same qualifications and are selected when the first 12 are selected. Alternates may be substituted for a juror that dies, becomes disabled or is deemed disqualified. However, […]

When an Invitee Becomes a Trespasser

“[A] person lawfully on the property of another as an invitee who uses the property on a venture in his own interests and not within the scope of his invitation or for the purpose for which the property was reasonably intended, loses his status as an invitee and becomes a trespasser.” To learn more please […]

Homeowner May Sue Construction Subcontractor

Under certain circumstances, a homeowner may be able to sue a subcontractor even though the homeowner has no direct contract with the subcontractor per a Texas Supreme Court recent opinion. “Having undertaken to install a plumbing system in the house, the plumber assumed an implied duty not to flood or otherwise damage the trust’s house […]

Texas Lease by Walmart Violates Texas Optometry Act

The Fifth Circuit recently reviewed a Texas commercial lease between Walmart and an optometrist. The lease required the optometrist to project the number of hours the optometry office would remain open. The Court affirmed the jury’s finding that requiring a representation of an amount of hours the office would be open was a violation of […]

Re-characterization of Private Property as Public

In an interesting summertime beach decision the Texas Supreme Court held that the “recharacterization of private property as public [does not] constitute a compensable taking under Article I, Section 17(a) of the Texas Constitution.” This case involved Porreto Beach in Galveston, Texas where visitors paid for parking and other amenities, such as umbrellas and chairs, […]