- Certificate of Merit Statute: Constitutional or Unconstitutional?
- Increased Insurance Premiums: Are They Recoverable from Third-Party Tortfeasors?
- Texas Supreme Court Clarified the Applicable Standard for Proving Attorney’s Fees
- The Oregon Rule and Presumption of Fault
- Drivers’ Liability: The Unavoidable Accident Defense
- Fraudulent Concealment: When does the statute of limitations begin to run for a breach of contract claim, if fraudulent concealment is asserted?
- Application of the Discovery Rule to Breach of Contract Claims
- Proper Procedure to Obtain Entry on Real Property of a Nonparty for Purposes of Inspection and Photographing
- Designating Unknown Responsible Third Parties: How to Properly Designate an Unknown Driver
- Premises Liability: Do Open and Obvious Naturally Occurring Conditions Pose an Unreasonable Risk of Harm?
Showing 3 posts from November 2015.
Texas has a long tradition of protecting the freedom to contract and enforcing the terms of contractual agreements, so long as the agreement doesn't violate the law or public policy. Read More ›
In the energy industry, it is routine for owners, operators, contractors, subcontractors and independent contractors to enter into agreements directing various oilfield operations. Most often, these agreements are referred to as Master Service Agreements (“MSA”) and cover a specific job at one location. Read More ›
Under the Texas Products Liability Act, Chapter 82 of the Texas Civil Practice and Remedies Code (CPRC), manufacturers are required to provide defense and indemnity to innocent sellers of their products. This is true regardless of the specific claim against the seller, so long as the allegations arise out of a products liability action. The lone exception to this very broad indemnity obligation on manufacturers arises when the seller is not “innocent,” i.e., negligent or causes the injury by its own act or omission. Read More ›