Category Archives: Uncategorized

April 15, 2016 Weekly Round Up

First, I want to apologize to those of you attending the Texas and Southwest Cattle Raisers Convention for my absence last Friday.  We had a family medical emergency pop up on my way to Ft. Worth that required me to turn around and come home.  I’m happy to report that all is well now and hopefully my husband’s grandfather is on the mend.  Second, it’s been another busy week in the ag law realm. Here are some of the key stories in the news. * Texas Water Development… Read More →

Merry Christmas and Happy New Year!

The Texas Agriculture Law Blog would like to wish you and yours a very Merry Christmas and a Happy New Year!   We look forward to being back in January to share more agricultural law information and happenings.  In the meantime, we are looking forward to the holiday break with our families. Thank you for your support!

ABA Blawg 100 Honoree

For the second year in a row, the Texas Agriculture Law Blog was named a top 100 legal blog (“Blawg 100”) by the American Bar Association. According to the ABA, “for us, at the ABA Journal, this isn’t just another award. We view our annual list as service to our readers, pointing them to a collection of some of the very best legal writing and commentary on the Web. Yes, we hope those selected are proud of it. But we also hope that our readers will recognize the… Read More →

Short Pause in Weekly Round Ups

There will be a short pause in our normal Weekly Round Up posts each Friday.  Before you get upset, know that I have a good excuse.  My husband and I recently welcomed our first child, a baby boy named Braun. I will be on maternity leave for a couple of months.  Although regular blog posts will continue, I will be unable to keep up with the Weekly Round Up. Weekly Round Up will continue as soon as I return to work. For those of you need your weekly… Read More →

It’s ABA Top 100 Blawg Nomination Time!

Now that we are in the heat of summer, it’s time to nominate your favorite legal blogs for the American Bar Association’s list of the Top 100 legal blogs (creatively called “Blawgs”). To nominate the Texas Agriculture Law Blog, just click here and fill out the quick nomination form.  The deadline for submissions is August 16, 2015.   Last year, we were extremely honored to be recognized as one of the Top 100 legal blogs in the nation, and the only agricultural law blog to receive recognition.  This… Read More →

New Mexico Court of Appeals: Agriculture Exclusion to Workers’ Compensation Act Unconstitutional

A recent decision by the New Mexico Court of Appeals is receiving much attention from the agricultural industry.  In Rodriguez v. Brand West Dairy, the New Mexico Court of Appeals held that a provision excluding  farm and ranch laborers from coverage is  unconstitutional as it violates the Equal Protection Clause of the New Mexico Constitution.  [Read full opinion here.] Factual Background Two agricultural laborers were injured during their employment in the New Mexico agriculture industry.  Aguirre was injured while picking chile for M.A. & Sons Chili Products.  Rodriguez was… Read More →

Happy Birthday To The Blog!

Today is the 2nd birthday of the Texas Agriculture Law Blog. When I began this project in June 2013, I never imagined the growth, support, and contacts that this website would generate! As of June 1, we nearly 750 subscribers and nearly 18,000 page views per month.  Last year, this blog was named one of the Top 100 Legal Blogs (Blawgs) by the American Bar Association.  My favorite accolade, however, is when readers let me know that something they found here was useful for their operation and family! As always,… Read More →

Texas Landowner Liability Part II: Premises Liability – Legal Status and Duty Owed

As we discussed in Part I of this series, when a plaintiff is injured due to a condition on the defendant’s land, he or she may recover only under a premises liability claim.  In analyzing this type of claim, the first question to ask is what duty was owed by the landowner.  The answer to this question generally depends on which of the three the legal categories the plaintiff fits: invitee, licensee, or trespasser. Invitee A person who enters the land with the owner’s knowledge and for the mutual… Read More →

Question from Tiffany’s Desk: Forum Selection Clauses

Question:  Recently I got a question asking whether Texas law recognizes contractual provisions requiring claims to be brought in a certain place.  For example, is a contractual term that provides, “any dispute arising under this contract shall be heard in the courts of the state of Colorado” valid? Answer:  These clauses, known as “forum selection clauses” are generally enforceable in Texas so long as certain conditions are met. The purpose of enforcing these clauses is to protect the legitimate expectations of the contracting parties and to further the interests… Read More →

Questions from Tiffany’s Desk: How Do I Select an Attorney?

People frequently ask my advice on how to select an agricultural law attorney.  Having been in private practice for four years, I understand the importance of finding the right attorney for your legal issue. Importantly, there is no one-size-fits-all plan to selecting the right attorney for you, and, as you might expect, the right attorney for one farmer’s issue may not be the right attorney for the farmer down the road.  Here are a few important points to consider when you are selecting an attorney. 1.  Can you have… Read More →