Newsroom
SCOTX Reaffirms that Payment of Appraisal Award Does Not Bar Prompt Payment Claim
In a per curiam opinion issued this morning Marchbanks v. Liberty Insurance Corporation (No. 18-0977), the Texas Supreme Court reversed a decision by the Houston Court of Appeals [14th Dist.] that payment of an appraisal award bars an insured's claims under the...
Iowa Legislature Passes COVID-19 Liability Protections
Iowa Governor Kim Reynolds today signed into law SF 2338, granting a wide array of COVID-related liability protections. Click on the S.F. 2338 hyperlink below for the full language of the bill. Iowa | S.F. 2338 Passed 6/10/2020 Sent to Governor 6/16/2020 Actual...
Reuters: Commercial Insurers Fear Legionnaires’ Disease Outbreak
Reuters reporting more potential fallout from the coronavirus pandemic: U.S. insurers eye Legionnaires' disease safeguards as buildings re-open from pandemic shutdowns Commercial insurers are scrutinizing building managers' efforts to avoid outbreaks of...
SCOTX Holds Farm Animal Activity Act Does Not Shield Ranchers, Ranch Hands
In a case closely watched by the agricultural community, the Texas Supreme has ruled that the Farm Animal Activity Act (§§ 87.001-87.006, Civil Practice & Remedies Code), enacted by the Legislature in 1995 as part of a package of tort reform bills, does not...
Welcome to Eminent Domain 101
For the past three legislative sessions, proposed reforms to the law of eminent domain have failed win legislative approval. The Coalition for Critical Infrastructure (CCI), a project of TCJL, represents the public and private entities that have eminent domain...
TCJL Files Amicus Briefs in Sanctions, Attorney’s Fee Cases
Today TCJL filed amicus briefs asking the Texas Supreme Court to rehear a pair cases involving attorney conduct. In the first case, William A. Brewer III v. Lennox Hearth Products, LLC, et al. (No. 18-0426), a Lubbock law firm, in anticipation of trial, conducted...
ATRA Weekly Digest 6-16-20
American Tort Reform Association Awaiting Reforms in Iowa Healthcare Workers Still In Need of Liability Protection COVID-19 Resources...
Latest OSHA and CDC Guidance for Reopening
Dear State Leader, The Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to provide guidance to assist employees and employers with maintaining safe and healthy working conditions during the coronavirus pandemic. This guidance...
SCOTX Agrees to Review Workers’ Comp Medical Fee Dispute Appeal
Last week the Texas Supreme Court granted review of case from the Austin Court of Appeals styled Facility Insurance Corporation v. Patients Medical Center, 03-17-00666-CV (Tex. App. 2018). The case arose from a fee dispute between a medical provider and a workers'...
El Paso Attorney Wins Race for President-Elect of State Bar of Texas
Members of the State Bar of Texas have elected El Paso lawyer Sylvia Borunda Firth as their next President-elect. Firth will be sworn in as President-elect later this month and will serve as President from June 2021 to June 2022. The current President-elect,...
Tyler Court of Appeals Tosses $21 Million Verdict in Trucking Case
In a case that clearly demonstrates the tactics some plaintiff's lawyers use to persuade juries to make mega-million awards in trucking cases, the Tyler Court of Appeals has drawn a line against prejudicial and inflammatory trial tactics. Enbridge Pipelines (North...
Statement by former President George W. Bush
Statement by President George W. Bush "The heroes of America — from Frederick Douglass, to Harriet Tubman, to Abraham Lincoln, to Martin Luther King, Jr. — are heroes of unity. Their calling has never been for the fainthearted. They often revealed the nation’s...