December 16, 2022
The Texas Supreme Court has agreed to hear a case involving a collision of a train and a car at a railroad crossing that raises questions of federal preemption as well as sufficiency of evidence. Ladonna Sue Rigsby was killed …
December 6, 2022
A family seeking $33 million in economic damages for alleged brain injuries caused by exposure to carbon monoxide must submit to a battery of neuropsychological tests by the defendant’s doctor, the Texas Supreme Court ruled. The high court on Friday …
March 31, 2022
Three terms in a written contract between a gentlemen’s club and a deceased employee are not so unclear as to nullify the contract’s arbitration agreement, the Texas Supreme Court ruled in a March 18 per curiam opinion. In Baby Dolls …
March 8, 2022
The Texas Supreme Court ruled that a Texas Workers’ Compensation Act (TWCA) provision for what constitutes an employee does not affect the enforceability of an additional-insured provision under the Texas Anti-Indemnity Act (TAIA). In a March 4 opinion delivered by …
February 25, 2022
The Texas Supreme Court recently delivered rulings on a pair of cases challenging the City of San Antonio’s governmental immunity, and in both instances the court affirmed that the Texas Torts Claim Act protects a city from liability in matters …
February 17, 2022
For more than 50 years, insurers have known that their duty to defend a Texas policyholder from a lawsuit must be decided based only on the language of the insurance contract and the allegations made by the plaintiff. The so-called …
February 14, 2022
The Texas Supreme Court recently ruled that injuries suffered in a golf cart at a school isn’t covered in an auto liability policy held by the school district. In Pharr–San Juan–Alamo Independent School District, v. Texas Political Subdivisions Property/Casualty Joint …
June 25, 2021
The man who gunned down 26 people at a Sutherland Springs church in Texas’ deadliest ever mass shooting should not have been able to buy the assault style weapon he used, but the store that sold it to him can’t …
April 30, 2021
A woman who chipped in $100,000 toward a settlement after a car crash can sue her insurer to seek recovery of that cost, but cannot seek damages in excess of the policy limits for negligent failure to settle because there …
April 14, 2021
The Texas Supreme Court on April 9 reversed lower court rulings and found that Farmers Insurance was within its rights when it decided 19 years ago not to renew homeowners’ policies that it feared would have forced it to cover …