Recent Blog Posts
The Secretive World of Shielding Wealth & Hiding Assets in High Net Worth Divorces
An increasing issue in high value complex divorces involves the issue of some spouses relying on out-of-state trust protection laws to shield assets from the estate and ensure that they are not considered community property in the instance of divorce. This happened to one highly-publicized Texas couple, the Bosarges, leaving Marie Bosarge with fears… Read More »
Supreme Court Holds Broad View of Direct Discharges Under Clean Water Act: What This Means for Toxic Tort Cases
In late April, the US Supreme Court made a decision that will have significant impacts on businesses in toxic tort cases. Specifically, the Court ruled that the Clean Water Act requires that companies obtain a permit; not only when they direct discharge into navigable waters, but when they engage in an action that is… Read More »
Texas Supreme Court Affirms That Insurer’s Duty to Defend Is Determined Solely by Pleadings & Language in Insurance Policy
In late March, the Texas Supreme Court affirmed a longstanding industry rule, known as the “eight-corners rule,” in an insurance defense case, Richards v. State Farm Lloyds. The rule prohibits the consideration of evidence considered to be extrinsic to the insurance policy and pleadings in a case in determining an insurer’s duty to defend…. Read More »
Divorce Requests Surge During the Coronavirus: What You Can Do During This Time
There is no question that the coronavirus has presented individuals and families with a number of challenges, especially when it comes to family law issues. Not only are some already-divorced parents running into significant new child custody challenges in trying to figure out best to honor their visitation schedules while also keeping their children… Read More »
If I Have Converted My Facility to Producing Ventilators to Help with Coronavirus Efforts, Could I Face Product Liability Claims as A Result?
A number of manufacturers, including those involved in producing automotive products, have transformed their operations into manufacturing medical equipment necessary to help with the coronavirus crisis, such as ventilators, respiratory devices, and other accessories. This will inevitably help more patients who are fighting for their lives as a result of the pandemic. However, many… Read More »
Breach of Contract & Force Majeure Clauses in A Time of the Coronavirus
There is no question that there will be a number of breach of contract lawsuits related to the coronavirus pandemic due to parties having to make certain cancellations, seeking to be relieved of their contractual obligations due to coronavirus and the health risks it poses, as well as government orders on staying at home… Read More »
Figuring Out Custody Issues When Two Parents Are Unmarried
As family law attorneys who serve clients here in Texas, we not only receive questions from clients who know that they want to pursue a divorce, but also from clients who are unsure about what they should do; specifically, if they should leave the father of their child, and how they should prepare beforehand… Read More »
A New Trend That Could Transform Product Liability Defense: Adding Public Nuisance Claims
One of the latest trends in product liability litigation involves tacking on public nuisance claims in an attempt to claim that manufacturers have not only produced dangerous products, but also deceptively marketed them to consumers and failed to properly monitor their effects on the markets and these consumers. While, historically, these claims were unsuccessful… Read More »
A New Wave of Insurance Defense Litigation Arrives with The Coronavirus
A new wave of insurance defense efforts are expected in response to policyholders fighting denied claims for years to come due to the damage that the coronavirus has and continues to inflict on US and global businesses, placing insurance companies at risk and stuck in litigation over liability lawsuits. According to the Organization for… Read More »
The New Toxic Tort Case Hitting Chemical Companies
Toxic torts are not only very complex legal cases, but they also have potential to cost businesses and insurance companies significant fines and damages, and they appear to be on the rise. In particular, one type of toxic tort litigation linked to what are known as called “forever chemicals,” which have allegedly been discovered… Read More »
