Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.

26 citing decisions · 24 quoted from the citing opinion itself

Where each one reaches back.

Every passage below is lifted verbatim out of the citing opinion, with the citation itself highlighted. Nothing here is a summary and nothing is generated — it is what the later court actually wrote.

• Hancock Whitney Bank v. M.Y.R.T.A Inc.2025-08-20
  …Prejudgment interest is compensation allowed by law as “additional damages for lost use of money due as damages during the lapse of time between the accrual of the claim and the date of judgment.” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 528 (Tex. 1998). “Under Texas law, prevailing parties receive prejudgment interest as a matter of course.” Executone Info. Sys., Inc. v. Davis, 26 F.3d 1314, 1329 (5th Cir. 1994). “[I]n diversity cases, . . . pre-judgment interest is calculated under state law.” Bos. Old Colony Ins. Co. v. Tiner Assocs. Inc., 288 F.3d 222…
• Sparks2025-06-11
  …or a breach of contract claim accrues at the same rate as the postjudgment interest on damages. International Turbine Servs., Inc. v. VASP Brazilian Airlines, 278 F.3d 494, 500 (5th Cir. 2002) (citing Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 532 (Tex. 1998)). If an interest rate is specified in a contract, then the prejudgment interest accrues in accordance with § 304.002 of the Texas Finance Code. Tex. Fin. Code § 304.002. Section 304.002 provides that postjudgment interest will be the lesser of the rate specified in the contract or 18% a year. Id. Here, each Note sets for…
• ICM US Operating LLC v. Industrias Costa Mesa SA de CV2025-06-09
  …e on the earlier of (1) 180 days after the date the defendant receives written notice of the claim or (2) the date the suit is filed, and it ends on the day preceding the date judgment is rendered. Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 532 (Tex. 1998); see also Arete Partners, L.P., v. Gunnerman, 643 F.3d 410, 414 (5th Cir. 2011). As ICM US did not send a written notice of the claim to ICM Mexico, pre- judgment interest on amounts owed prior to ICM US’s filing suit began to accrue on the date suit was filed, April 3, 2019. However, where a breach continues after filin…
• Garces2025-04-25
  …Brookhaven Lake Prop. Owners Assoc., 77 S.W.3d 487, 496 (Tex. App.—Texarkana 2002, pet. denied) (citing Kenneco Energy, Inc. v. Johnson & Higgins of Tex., Inc., 921 S.W.2d 254, 260 (Tex.App.-Houston [1st Dist.] 1995), modified on other grounds & remanded, 962 S.W.2d 507 (Tex.1998)). “These inquiries are further guided by the concept that a final judgment in an action should bar subsequent suits based on the same “transaction,” or series of connected “transactions,” out of which the first action arose.” Matter of Marriage of Benavides, 692 S.W.3d at 538–39 (citing Barr, 837 S.W.2d at 631).…
• The State of Texas v. American Tobacco Co2025-03-28
  …judgment interest is ‘compensation allowed by law as additional damages for lost use of the money due as damages during the lapse of time between the accrual of the claim and the date of judgment.’” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 528 (Tex. 1998). Awarding prejudgment interest here prevents the Settling Defendants from profiting off of money that rightfully belonged to the State. If not for the Settling Defendants’ underpayments, the State would have been able to use that money to benefit Texans. Prejudgment interest from April 30, 2019 through M…
• L.A. Public Insurance Adjusters, Inc. v. Nelson2025-03-22
  …udgment interest is ‘compensation allowed by law as additional damages for lost use of the money due as damages during the lapse of time between the accrual of the claim and the date of judgment.’” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 528 (Tex. 1998) (citation omitted). Because this is a diversity case in which the forum-state law applies, Texas law governs the award of pre-judgment interest. Arete Partners, L.P. v. Gunnerman, 643 F.3d 410, 412 (5th Cir. 2011) (per curiam) (citing Meaux Surface Prot., Inc. v. Fogleman, 607 F.3d 161, 172 (5th Cir. 2010)). Under Texas…
• DK Trading & Supply LLC v. Ja Dakis Capital LLC2025-03-19
  …th Cir.1991)). In Texas, pre-judgment interest begins to accrue on the earlier of (1) 180 days after the date a defendant receives notice of a claim, or (2) the date suit is filed. Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 531 (Tex. 1998) (citing TEX. FIN. CODE § 304.104); Ho & Huang Props., L.P. v. Parkway Dental Assoc., P.A., 529 S.W.3d 102 (Tex. App.—Houston [14th Dist.] 2017, pet. denied). Pre-judgment interest stops accruing on the day preceding the date judgment is entered and is calculated as simple interest which does not compound. TEX. FIN. CODE…
• Abira Medical Laboratories LLC v. Blue Cross Blue Shield of Texas2025-03-12
  …rt to decide.” TIG Ins. v. Aon Re, Inc., 521 F.3d 351, 355 (5th Cir. 2008). In general, a cause of action accrues “when facts come into existence that authorize a claimant to seek a judicial remedy.” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 514 (Tex. 1998). The cause of action accrues at the time of a legal injury “even if the fact of injury is not discovered until later, and even if all resulting damages have not yet occurred.” S.V. v. R.V., 933 S.W.2d 1, 4 (Tex. 1996). A motion to dismiss based on a statute of limitations should not be granted in th…
• Johnston2025-01-03
  …ose facts; (3) with the intention that it should be acted on; (4) to a party without knowledge or means of ohtaining knowledge of the facts; (5) who detrimentally relies on the representations. Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 515-16 (Tex. 1998). Plaintiff's equitable estoppel argument fails for several reasons. First, Plaintiff provided no evidence of any false representation or concealment of material facts. Plaintiff's affidavit states in a conclusory fashion that “Johnston would have sought US legal representation much sooner,” had Oxy Qatar “provided…
• Merchants Bonding Company (Mutual) v. Cald & A Consulting Company LLC2024-12-02
  …or the award of prejudgment interest: (1) an enabling statute; and (2) general principles of equity.” Int’l Turbine Servs., Inc. v. VASP Brazilian Airlines, 278 F.3d 494, 499 (5th Cir. 2002) (quoting Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 528 (Tex. 1998)). “[S]tatutory prejudgment interest applies only to judgments in wrongful death, personal injury, property damage, and condemnation cases.” Int’l Turbine Servs., Inc., 278 F.3d at 499. Because the claims here do not fall within the statutory provisions, Texas common law governs the award of prejudgment interest in this case…
• Johnson v. Bloom Retirement Holdings Inc.2024-11-26
  …ntion that it should be acted on; (4) to a party without knowledge or means of obtaining knowledge of the facts; (5) who detrimentally relies on the representations. Ulico, 262 S.W.3d at 778 (citing Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 515-15 (Tex. 1998)). This doctrine, however, “becomes available to a claimant only in the absence of a valid and enforceable contract.” Tremble v, Wells Fargo Home Mortg., Inc., 478 F. App’x 164, 165 (Sth Cir. 2012) (citing Doctors Hosp. 1997, L.P. v. Sambuca Houston, L.P., 154 S8.W.3d 634, 636 (Tex. App—Houston [14th Dist.] 2004, pet.…
• Brewer2024-09-24
  …should be acted on; and (4) to a party without knowledge or means of obtaining knowledge of the facts; (5) who detrimentally relies on the representations. Johnson & Higgins of 12 Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 515-16 (Tex. 1998). Plaintiff has not satisfied these elements. While the delay in responding, most liberally construed, may constitute concealment, the “material facts” here are that the taxes were not withheld and the pay was not for backpay which, as admitted by Plaintiff were apparent from Form 1099. See (Doc. No. 26 at 5).…
• Capio Funding LLC v. Rural/Metro Operating Company LLC2024-09-18
  …e weekly average 1- year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the judgment.”17 12 Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 531–32 (Tex. 1998). 13 TEX. FIN. CODE § 304.103. 14 Id. § 304.003(c)(1). 15 Board of Governors of the Federal Reserve System, Selected Interest Rates (Daily) - H.15 (Sept. 17, 2024), https://www.federalreserve.gov/releases/h15 [https://per…
• Gulf Coast Limestone Inc v. Pontchartrain Partners, LLC2024-08-29
  …at the same rate as post-judgment interest on damages awarded for breach of contract. Int'l T urbine Servs., Inc. v. VASP Brazilian Airlines, 278 F.3d 494, 499-500 (Sth Cir. 2002) (citing Johnson & Higgins of Tex., Inc. Kenneco Energy, Ine. 962 S.W.2d 507, 530 (Tex. 1998)). The Texas Finance Code authorizes : money judgment for ee interest “at a rate equal to the lesser . of: (1) the rate specified in the contract, which may be a variable rate; or (2) 18 percent a year.” Tex. Fin. Code § 304.002. a Here, Gulf Coast provides proof of the parties…
• Louis Vuitton Malletier SAS v. Keep It Gypsy Inc2024-08-08
  The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
• American Airlines, Inc. v. Skiplagged, Inc.2024-07-31
  …p.–Dallas 2006, pet. denied). And the claim “accrues, and the statute of limitations begins to run, when facts come into existence that authorize a claimant to seek a judicial remedy.” Id. (citing Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 514 (Tex. 1998)). But Texas recognizes certain instances where discreet independent breaches reset the limitations period. See Sheet Pile, LLC v. Plymouth Tube Co. USA, 98 F.4th 161, 168 (5th Cir. 2024) (citing Garden Ridge, L.P. v. Clear Lake Ctr., L.P., 504 S.W.3d 428, 447 (Tex. App.–Houston [14th Dist.] 2016, no pet.)) (collec…
• Tierra De Los Lagos, LLC d/b/a Bee Sand Company v. Pontchartrain Partners, LLC2024-04-23
  …Prejudgment interest is compensation allowed by law as additional damages for lost use of the money due as damages during the lapse of time between the accrual of the claim and the date of judgment.” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 528 (Tex. 1998) (quotation omitted). Under Texas law, awards of pre-judgment interest should be granted “as [a] matter of course,” not of discretion, “when the trier of fact finds that damages accrued before the time of judgment.” Concorde Limousines, Inc. v. Moloney Coachbuilders, Inc., 835 F.2d 541, 549 (5th Cir. 1987).…
• Regal Center LLC v. Fidelity National Title Insurance Company2024-04-11
  The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
• Weinstock2024-03-31
  …ts; (3) with the intention that it should be acted on; (4) to a party without knowledge or means of obtaining knowledge of the facts; (5) who detrimentally relies on the representations.” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 515–16 (Tex. 1998). Here, Plaintiffs argue that equitable estoppel applies because whenever they attempted to assert their rights, the Defendants presented them with either fake settlement agreements or additional investments that purported to roll the amount owed int…
• Keller2024-03-28
  …the lapse of time between the accrual of the claim and the date of judgment.” International Turbine Services, Inc. v. VASP Brazilian Airlines, 278 F.3d 494, 499 (5th Cir.2002) (quoting Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 528 (Tex.1998)). The Texas Supreme Court has recognized two separate bases for the award of pre- judgment interest: (1) an enabling statute; and (2) general principles of equity. Id. (citing Johnson & Higgins, 962 S.W.2d at 530). In Texas, statutory pre-judgment interest applies only to judgments in wrongful death, personal in…
• 20 Cap Fund I, LLC v. ReconTrust Company, N.A.2024-03-28
  …limitations begins to run, when facts come into existence that authorize a claimant to seek a judicial remedy.’” Mayo v. Hartford Life Ins. Co., 354 F.3d 400, 410 (5th Cir. 2004) (quoting Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 514 (Tex. 1998)). 20 Cap alleges Bank of America “has been unjustly enriched by both accepting the proceeds of [First Franklin’s April 17, 2015] sale of the [note and Deed of Trust to 20 Cap] and by failing to accept or accepting the proceeds [from the March 4, 2016 s…
• Martinez2024-03-14
  …assertion; (4) the representation was made with the intention that it be acted upon by the other party; (5) the party acted in reliance on upon the representation; and (6) the party suffered injury.” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 524 (Tex. 1998). place because his loss mitigation application was pending or approved, a promise to do an act in the future is not actionable fraud unless it is “made with the intention, design, and purpose of deceiving, and with no intention of performing the act.” Spoljaric v. Percival Tours, Inc., 708 S.W.2d 432, 43…
• Drip Capital, Inc. v. Benxi Forwarding Transfer and Services, Inc.2024-03-08
  …dgment interest is calculated at the post-judgment interest rate. Tex. Fin. Code § 304.103; see Arete Partners, L.P. v. Gunnerman, 643 F.3d 410, 412-15 (Sth Cir. 2011) (discussing Johnson & Higgins, Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 530-531 (Tex. 1998)). Pre-judgment interest is thus dependent on the determination of the post-judgment interest rate. Post-judgment interest in a diversity case is calculated in accordance with federal law. Bos. Old Colony, 288 F.3d at 234 (citing Nissho-Iwai Co. v. Occidental Crude Sales, 848 F.2d 613 (Sth Cir. 1988)). Post-judgment…
• Flying R Aviation LLC v. Bondio LLC2024-02-22
  …“Prejudgment interest is compensation allowed by law as additional damages for lost use of the money due as damages during the lapse of time between the accrual of the claim and the date of judgment.” Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 528 (Tex. 1998) (citation omitted). “There are two legal sources for an award of prejudgment interest: (1) general principles of equity and (2) an enabling statute.” Id. “Under Texas law an equitable award of prejudgment interest should be granted to a prevailing plaintiff in all but exceptional circumstances.” Bituminous Cas. Corp. v. Va…
• Jordan2024-02-05
  …it be acted upon by the other party; (5) the party acted in reliance on upon the representation; and (6) the party suffered injury. Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 524 (Tex. 1998). The Federal Rules of Civil Procedure impose a heightened pleading standard for fraud allegations, requiring a plaintiff to “state with particularity the circumstances constituting fraud or mistake.” Fed. R. Civ. P. 9(b). “At a minimum, Rule 9(b) requires that a plaintiff set forth the ‘who, what, when, where, and how’…
• City Center Wichita Falls, LLC v. Harwell, Jr2024-01-29
  …rest”). Under Texas common law, prejudgment interest accrues beginning on the earlier of “(1) 180 days after the date a defendant receives written notice of the claim or (2) the date suit is filed.” Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 531 (Tex. 1998). Harwell received written notice of City Center’s claim on February 3, 2019 from Kelty. Although this adversary was not started until February 18, 2023, City Center alleged similar causes of action in 2019 litigation it filed in state court around the same nucleus of operative facts. Therefore, in line with prejudgment int…