Traditionally, when analyzing if an insurer has a duty to defend, Texas law requires courts to apply the “eight-corners rule,” comparing the factual allegations in the four corners of the pleadings with the language within the four corners […]
Personal Jurisdiction allows a court to exercise power over a non-resident defendant. Without personal jurisdiction, a court could not hear a case filed against a non-resident defendant. Most lawyers equate personal jurisdiction with the phrase &ldquo […]
Defining WOTUS has been addressed in several US Supreme Court cases, most importantly Rapanos v. United States (2006). Justice Scalia wrote the plurality opinion stating that the CWA confers federal jurisdiction over non-navigable waters only if the […]
The MCS-90 endorsement is one means by which an interstate motor carrier can demonstrate compliance with minimum financial requirements established by federal statute and regulations. The application of this endorsement by the courts, however, has caused […]
Both federal and Texas state law favor arbitration as a method of dispute resolution. Generally speaking, the Federal Arbitration Act (FAA)[1] applies to any contract for a transaction involving interstate commerce, while the Texas Arbitration Act (TAA […]
An employee did not fail to provide essential information regarding the duration of her leave under the Family and Medical Leave Act (FMLA) when the employee did not herself know how long the leave would be, the 7th U.S. Circuit Court of Appeals held […]
Texas federal judge dismissed claims alleging gender identity discrimination asserted under the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA) against an insurer and employer because there is no precedent that either […]
The Labor-Management Reporting and Disclosure Act (LMRDA) contains an implied cause of action for a union to bring a lawsuit for breach of fiduciary duties against an officer or other agent of the union, according to the U.S. Circuit Court of Appeals […]
As part of its insurance business, GEICO General Insurance Company hires security investigators to work in its claims department for the purpose of investigating claims that are suspected of being fraudulent. The FLSA requires employers to pay overtime […]
The National Labor Relations Act gives employees the right to engage in activities intended to improve the terms and conditions of their employment. To enforce that right, the act makes it illegal for employers to interfere when employees engage in reasonably […]
The insuring agreement in most commercial general liability policies states that the carrier "will pay those sums that the insured becomes legally obligated to pay as damages because of…'property damage' to which this insurance applies […]
Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions Published by: Lawrence T. Bowman Donald A Waltz Ashley Veitenheimer