Recent Blog Posts
The Standard of Evidence for Lawsuits Involving Insurance Companies
There are many types of lawsuits, but what they all have in common is that the judge or jury bases their decision on evidence. Before the case makes it to trial (if it ever does; most cases do not go to trial), the parties in the lawsuit engage in discovery, where they send each… Read More »
Addressing Alcohol Abuse in Custody & Visitation Determinations During the Pandemic
At least half of all US children are currently participating in distance learning programs, where they are participating in school from home all day. For many (typically) younger-aged children, this means that at least one parent has to be home with them in order to guide their instruction, and if that parent is working… Read More »
Texas Modernizes and Amends Rules of Civil Procedure
In almost all litigation in the modern age, electronic evidence is becoming a huge source of contention, and much of the fighting in lengthy and protracted civil litigation can be avoided when the defense can locate substantially incriminating or even exculpatory evidence early on in the process. Likewise, locating litigants can be challenging and… Read More »
Toxic Tort Lawsuit Filed Against Texas City, Leading to $1.1 Million in Penalties
In late September, a toxic tort lawsuit was filed against the City of Corpus Christi, Texas for violations of the Clean Water Act and Texas Water Code in connection with alleged illegal discharges of pollutants in the form of untreated sewage into federal and state waters. According to the complaint, the city has been… Read More »
Amazon Comes Under Fire for Selling Allegedly Hazardous Products Through Its Own AmazonBasics Product Line & Price Gouging During Pandemic
In September, several senators demanded that Amazon recall a number of its own “Amazonbasics” products that have been reported by consumers to be fire hazards. Specifically, the senators accused the company of ignoring consumer safety complaints and continuing to sell products that have already been linked to explosions, fires, melting, physical harm, smoking, and… Read More »
How Child Sexual Abuse Allegations Are Treated in Texas Custody Cases
As family law litigators who practice here in Texas, one of the most difficult topics we come across in some of our cases involves allegations of child sexual abuse in custody battles. These issues inevitably cause a significant amount of pain and concerns for families who have to deal with them, regardless of the… Read More »
Federal Government Announces Major Changes to Water-Related Toxic Tort Prosecutions
As attorneys who work in toxic tort defense here in Texas, we frequently work on cases involving enforcement actions under federal environmental laws, such as the Clean Water Act (CWA), as our commercial and industrial clients can sometimes be the subjects of these enforcement actions, which are inevitably and significantly affected by the principles… Read More »
Texas Federal Judge Sides with Insurance Company in COVID Business Interruption Claims
COVID-19 has led thousands of businesses to file interruption claims with their insurance companies, seeking to have them cover losses they sustained due to the pandemic and associated closure orders, including here in Texas. Yet insurance companies have had no choice but to deny these claims, as business interruption insurance is designed to cover… Read More »
Fifth Circuit Reverses Important Insurance Defense Decision, Opening The Door to Insurers Having Duty to Defend Based On Fraudulent Petitions
After ruling on a different issue in the same case almost one year ago, in late July, the Fifth Circuit Court of Appeals made a very important insurance coverage decision by ruling in favor of appellants and reversing the United States District Court for the Northern District of Texas’ decision in favor of the… Read More »
Will COVID-19 Leak Monitoring Waivers Provided to Texas Petrochemical Facilities Backfire & Result in Toxic Tort Claims?
Waivers provided to companies concerning pollution monitoring by both federal and state agencies due to the pandemic could very well end up resulting in toxic tort claims, whereby plaintiff communities bring claims alleging that they have suffered from exposure to toxic substances here in Texas. In March, the federal Environmental Protection Agency (EPA) informed… Read More »
