A federal court in Houston recently analyzed diversity of citizenship issues in a case brought by a subrogated insurer incorporated in New York with its principal place of business in Illinois against defendants that are citizens of Texas. In a fire […]
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 […]
In Albert Lujan d/b/a Texas Wholesale Flower Co. v. Navistar, Inc., the Texas Supreme Court held that Texas trial court’s may disregard affidavits that conflict with prior sworn testimony without sufficient explanation for the conflict as proper […]
In light of multiple recent natural disasters that have taken place, it is important to understand the impact of a poorly drafted force majeure provision. Force majeure concerns are most likely to arise due to partial performance, delayed performance […]
All owners and general contractors are familiar with the scenario where the employee of a subcontractor is injured while working on a large construction project. The subcontractor is generally a workers’ compensation subscriber and, therefore, immune […]
While reforms to Texas lien law and the creation of a right to repair statute for commercial projects failed to pass, a number of statutes affecting the construction industry in Texas were enacted into law following the 2017 Texas legislative session […]
The Texas Supreme Court issued two opinions in 2017 addressing the requirements of Section 150.002 of the Texas Civil Practice and Remedies Code – the certificate of merit statute that applies to lawsuits or arbitration proceedings against architects […]
KRCL Director Joseph M. Coleman was recently interviewed for an article titled, "Who foots the bill for Puerto Rico’s recovery?" published in CA Today, the international publication for Chartered Accountants. The article examined the […]
The implications of Hurricane Harvey will affect Texans for months, if not years. For employers who do not subscribe to the Texas workers' compensation system, there are special considerations that must be made to ensure the safety and well-being of […]
The federal judge handling the unprecedented restructuring of the U.S. territory has appointed U.S. Bankruptcy Chief Judge Barbara Houser of Dallas to head a five-member judicial panel to mediate key issues between the government of Puerto Rico and private […]
Over the past several months, the Texas Supreme Court has issued two opinions providing guidance to property owners concerning potential liability for injuries occurring on their property. Although the facts and defenses were unique in each case, in […]
Contractors and subcontractors vying for federal government contracts were relieved of complying with a majority of the requirements of Executive Order 13673, the "Fair Pay and Safe Workplaces" rule, thanks to a nationwide preliminary injunction issued […]