Last month, the Occupational Safety and Health Review Commission provided some needed clarification for construction and manufacturing employers that should make it easier to defend machine guarding cases in the future, particularly where the employee […]
In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL's video series covering key legal developments for energy industry professionals, litigation partner Tom Ciarlone discusses a mineral lease dispute that has percolated up to […]
In a case with potentially far-reaching consequences, the Texas Supreme Court has agreed to review the Thirteenth Court of Appeals decision in Ellison v. Three Rivers Acquisition LLC, No. 13-17-00046-CV, 2019 WL 613262 (Tex. App.—Corpus Christi […]
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Arbitration is an increasingly popular forum for the resolution of construction disputes. It often provides a more predictable procedural process specially designed for the industry in light of construction-specific rules and mediation procedures […]
A Lender has two choices for funding a Main Street Loan. A Lender may fund a Main Street Loan and then seek to sell a participation interest in said Main Street Loan to the Main Street SPV. A Lender may condition its extension of credit to […]
In Texas, while an insurer can assert a subrogation claim independently of its insured, the insurer still stands in the shoes of its insured, meaning the insurer’s claims are limited to those the insured could bring and are subject to the same […]
This is a follow-up to our prior post summarizing the Certificate of Merit Requirements in Texas. In this post, we explore recent legislative changes to the certificate of merit requirements and the application of such requirements to third-party […]
In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL's video series covering important legal developments for energy industry professionals, litigation partner Tom Ciarlone discusses a recent verdict out of an Oklahoma federal […]
In order to assert a professional negligence claim in Texas against an architect, professional engineer, registered landscape architect, or registered professional land surveyor, the claimant must file a certificate of merit prepared by an outside expert […]
The following documents were updated by the Federal Reserve Friday, July 31st: (1) Lender Registration Certifications and Covenants; (2) Loan Participation Agreement Transaction Specific Terms; (3) Loan Participation Agreement Standard Terms and Conditions […]
Last year, the First Court of Appeals serving the Houston, Texas area held that the Texas Residential Construction Liability Act (RCLA) “does not permit a plaintiff to recover attorney or expert fees in the absence of an underlying cause of action […]