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 […]
With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because […]
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 […]
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 […]
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 […]
Workplace violence, defined by the Occupational Safety and Health Administration ("OSHA") as "any act or threat of physical violence, harassment, intimidation or other threatening behavior that occurs at the worksite" has become front […]
Workplace violence, defined by the Occupational Safety and Health Administration (“OSHA”) as “any act or threat of physical violence, harassment, intimidation or other threatening behavior that occurs at the worksite” has become […]
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout […]
Last month, the Texas Supreme Court issued a decision that addresses the vexing situation in which the owner of the executive rights also owns the surface, but none (or virtually none) of the minerals. What is the duty of the executive rights holder […]
The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease's anti-pooling provision. The decision, Strickhausen v. Petrohawk Operating Company, is available […]