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Insights

Texas Supreme Court Limits the Application of the Economic Loss Rule

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 […]

Discovery of Communications Between Insurers and Reinsurers

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, […]

It Matters Whether an Agreement is "Executory"

A recent decision by the full contingent of judges from the Eighth Circuit Court of Appeals (covering seven Midwest states) demonstrates that a common bankruptcy term should be added to your vocabulary.  That term is "executory."  […]

The Hobby Lobby Decision and Religious-Based Exemptions

On June 30, 2014, the United States Supreme Court issued a ruling which held that a closely held, for-profit entity can object to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable Care Act by invoking the Religious […]

Employee Background Check

In Texas, criminal background checks are generally limited to a seven (7) year review period.  However, Texas Business and Commerce Code § 20.05 provides an exception if an applicant is applying to a job with an annual salary that exceeds or should […]