Under the old version of 38.001, the recovery of attorney’s fees was permitted “from an individual or corporation.” Courts interpreting this provision overwhelmingly concluded that it did not support recovery of attorney’s fees […]
On July 9, 2021, The White House issued a 20-page, 72-initiative Executive Order, signed by President Biden. The overarching purpose of the Order is to create an “open and competitive economy” that allows businesses to have more choices among […]
New DOL, OSHA, and TWC Rules Inform Both Employees and Employers, as Pandemic Eases[1]
A. New Standard Issued by DOL Aimed at Protecting At-Risk Workers in Healthcare
On June 10, 2021, the Department of Labor (“DOL”) issued a highly anticipated emergency temporary standard (“ETS”) setting workplace safety parameters for employers in the healthcare sector during COVID-19. What does this new standard mean for employers?
On May 7th, 2021, Texas Governor Greg Abbott signed a law banning COVID-19 “vaccine passports” effective immediately. So, what does SB 968 mean for employers? Does SB 968 prevent an employer from requiring employees to show proof of vaccination […]
Much has been written recently about the “new look” Supreme Court. On the heels of four 9-0 decisions favoring different sides of partisan divide, today we got Van Buren, a 6-3 decision delivered by Justice Amy Coney Barrett, joined by Breyer […]
A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]
A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]
In a big win for the energy industry, and in particular the energy-service industry, Judge Morales of the Southern District of Texas—Corpus Christi Division—recently dismissed an overtime lawsuit brought by Plaintiff Marcus Hargrave, ultimately […]
In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract. Even where the […]
Although many employers provide paid sick leave as a benefit for their employees, no federal law currently requires private employers to provide paid sick leave. Last year, Congress passed the Families First Coronavirus Response Act ("FFCRA" […]
Larry Bowman and I recently wrote a 44-page white paper on “The Ins and Outs of Waivers of Subrogation.” Larry presented our paper at the 34th Annual Texas Construction Law Conference sponsored by The Construction Law Foundation of […]
There has been a recent trend in Texas litigation of borrowers asserting claims or counterclaims against their lenders for breach of fiduciary duty. The first thing that a plaintiff has to establish in such a claim is that the lender actually owed it […]