Category Archives: Uncategorized

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 →

Happy Holidays!

Top 100 Legal Blog Award

I am excited and honored to announce that the Texas Agriculture Law Blog has been named a Top 100 legal blog by the American Bar Association.  To view the Top 100 list, click here.  Thank you to those who nominated us! Now, the competition continues.  The 100 winners have been divided into 13 separate categories.  This blog is in the “Niche” category.  The ABA is allowing people to vote for their favorite blog in each category and will name a winner for each in December. I need your… Read More →

Questions from Tiffany’s Desk: My Neighbor Wants to Build a Fence…

Question:  My neighbor wants to build a fence on the property line dividing our land because he wants to run cattle on his property.  I do not object to his desire to have livestock on his land or his building the fence.  He insists that I pay for half of the fence.  Do I have a legal responsibility to help finance this fence that will be built on the property line? Answer:  No, Texas case law makes clear that a landowner has no legal obligation to help finance… Read More →

New Mexico Green Chile Advertising Act

As a native New Mexican, the fall means that it is my favorite time of the year….green chile season.  My home state is famous for our flavorful green chile crop and for good reason! New Mexico recently passed an interesting law  to ensure that only green chile that is truly New Mexican may be advertised as such within the state.  This law illustrates the importance of this agricultural crop to the State of New Mexico and helps to ensure truth in advertising.  Because numerous other states have similarly… Read More →