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LITIGATION ALERT: INDEMNITY IN RESIDENTIAL CONSTRUCTION LITIGATION IN TEXAS: Let the Games Begin!

The scope of the duty to indemnify has been the subject of numerous court opinions and legislative actions.  Rightfully so, as defining the point at which this duty arises and what actions by each party the duty proscribes is a key component in shifting the costs of litigation.  The Supreme Court of Texas has recently provided a unanimous decision that will significantly impact litigation strategies in products liability cases.