- 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 July 2016.
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 ›
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. Read More ›
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 ›