PJC Business

CHANGES IN THE 2022 EDITION The 2022 edition of Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment includes the following changes from the 2020 edition: 1. Admonitory Instructions—Updated commentary on proximate cause to include new case law discussing aggregate level causation (100.13) 2. Contracts— a. Updated chapter in its entirety, including both a reorganization of the material and substantive updates. Charges have been renumbered throughout. A Committee Note at the beginning of the chapter explains the reorganization and includes disposition and derivation tables to clarify the renumbering. b. New material includes a stand-alone question on multiple competing claims of breach (101.2B), an instruction on materiality (101.17), a ques tion on release (101.21), and an instruction on fraudulent inducement as a defense (101.31). c. Consolidated commentary on ambiguity under the instruction on ambigu ous provisions (101.12). Expanded discussion on formation of agreement and parol evidence (101.9) and updated discussion on trade custom with new proposed instruction (101.32). 3. Employment— a. Added separate question on sexual harassment and updated instructions and commentary to reflect new statutory law (107.21) b. Updated commentary on constructive discharge (107.10, 107.22–107.24) and deleted commentary where no longer applicable (107.21) c. Added new commentary on harassment consisting of or culminating in a tangible employment action (107.23) 4. Defamation and Business Disparagement— a. Added commentary on series of publications (110.3) b. Added Comment on judicial-proceedings privilege and attorney immu nity (110.9) 5. Misappropriation of Trade Secrets—Added discussion of Title Source, Inc. v. HouseCanary, Inc. , 612 S.W.3d 517, 531 (Tex. App.—San Antonio 2020, pet. denied), expanding discussion on broad-form submission and dis cussion of preemption of common-law claims (111.2)

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