The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument. Near the end of its recent term, the Supreme Court made this requirement slightly less fraught. In Dupree v. Younger, the Court clarified that a party who wishes to preserve for appeal a purely legal issue resolved at summary judgment need not raise the issue anew [...]
The Texas Third Court of Appeals has offered guidance on the use of dealer incentive programs (DIPs) under the Texas Occupations Code (TOC). In Star Houston, Inc. v. Volvo Cars of North America, LLC and the Board of the Texas Department of Motor Vehicles, Star Houston, Inc. (Star), a local Volvo dealer, and Volvo Car USA, LLC (Volvo), the brand's U.S. distributor, had a dispute over the termination of Star's local franchise. Star claimed Volvo's DIPs [...]
The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), which provides treble damages and attorneys' fees, to assist enforcement of an international arbitral award where the defendant attempts to frustrate enforcement of the award in the United States. On June 22, 2023, in a 6-3 opinion in Yegiazaryan v. Smagin and CMB Monaco v. Smagin, the Court held that a foreign plaintiff suing under RICO [...]