Showing 3 posts from July 2016.

The Majority, Intermediate, and Minority Views of the Economic Loss Doctrine

The Economic Loss Doctrine (“ELD”) has been adopted by a majority of states and jurisdictions. The ELD consists of three different views: 1) the traditional/majority (Texas); 2) intermediate (California); and 3) minority (Colorado). With regard to a product which damages itself and only itself, each rule has a different way of assigning liability and sometimes one view may rule a different way than another. Read More ›

Specificity Requirements of the Express Negligence Rule in Texas

The express negligence doctrine is a rule of contract interpretation which requires contracting parties seeking to indemnify a party from the consequences of its own negligence to express that intention in specific terms, within the four corners of the document.[1] Read More ›

Recent Chapter 95 Decisions by the Supreme Court of Texas

The Supreme Court of Texas has issued two recent opinions regarding the applicability of Chapter 95 of the Texas Civil Practice & Remedies Code, First Texas Bank v. Carpenter and Ineos USA, LLC v. Elmgren. Both of these opinions provide openings for plaintiffs to assert Chapter 95 is not applicable as an affirmative defense or avoid its applicability all together. Read More ›

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