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 […]
On August 5, 2014, Jason Binford and John Kane spoke at the annual meeting of the National Society of Accountants for Cooperatives in San Diego, California. They presented on their law review article, Farmer Favoritism: Statutory Protections for Creditors […]
On June 9, 2014, the United States Supreme Court issued the decision Executive Benefits Insurance Agency v. Arkinson, Trustee of the Estate of Bellingham Insurance Agency, Inc., which deals with the constitutional limits on bankruptcy judges. The Bellingham […]
First, think back to October 2013—the federal government had just experienced a 16-day shutdown and the internet only had 22 generic Top-Level Domains ("gTLDs"). Of these 22 gTLDs, there were less than a handful of gTLDs which were […]
Environmental Site Assessments (“ESA”) assist potential purchasers acquiring an interest in commercial real estate with determining a baseline for certain environmental conditions of the property and potentially establishing statutory protections […]
Apple. Microsoft. Google. Starbucks. Wal-Mart. People generally hold certain views and beliefs about each of these companies. But what happens when a competitor makes false statements that intentionally damage the reputation of such a company […]
On Friday, the Texas Supreme Court clarified and limited the application of constitutional requirements that legally restrict home equity loans. Specifically, the Court ruled that Article XVI, Section 50 of the Texas Constitution does not apply to restructured […]
Jason Binford and John Kane published an article in the Texas Tech Law Review entitled, Farmer Favoritism: Statutory Protections for Creditors in Agricultural Bankruptcy Cases. The article discusses several different types of special interest statutes […]
Procedural rules are generally complex and confusing to non-lawyers, but Rule 202 of the Texas Rules of Civil Procedure must certainly befuddle them: "So I'm being sued to find out if I can be sued?" As such, a potential defendant could arguably […]
A key issue in commercial litigation is determining whether the claims to be asserted are within the scope of an arbitration agreement. An arbitration provision might broadly include all disputes in connection with the contract or narrowly cover only […]