In a landmark decision delivered last month in Nabor Well Services, Ltd v. Romero, the Texas Supreme Court overturned more than 40 years of precedent and unanimously reversed the Court's long-standing prohibition on evidence concerning a claimant's failure […]
Recently, the Supreme Court of Texas examined whether a buyer of used goods may assert claims based on the implied warranty of merchantability. See MAN Engine & Components, Inc. v. Shows, 434 S.W.3d 132 (Tex. 2014). The implied warranty of merchantability […]
Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility[1] through insurance or other forms for bodily injury or death to […]
As we approach the end of the year, many employers are in the process of completing annual performance reviews and making decisions related to employee compensation. As a result of normal water cooler talk and office scuttlebutt, employees are often […]
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If your company becomes involved in litigation, chances are it will be asked to present a corporate representative for deposition. A corporate representative deposition is one in which the company names a person to testify on behalf of the company […]
Jason Binford and John Kane have co-authored an article published in the September issue of the Texas Dairy & Ag Review. The article discusses the powerful protection that a trust fund claim provides to Texas milk producers. Click on […]
Debtor-in-possession financing ("DIP financing") is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases. Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new […]
The advancement of technology, the preservation of electronic evidence, and concerns over imposing sanctions when discoverable electronic evidence is lost as a result of routine business, spurred the Texas Supreme Court to bring much-needed clarity to […]
In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the failure of a product and […]
In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the insured, and in particular, […]
If after a Phase I ESA, the EP determines further investigation is warranted, that more invasive investigation takes the form of a Phase II ESA. The primary purpose in conducting a Phase II ESA is to evaluate any REC(s) identified in a Phase I ESA to […]