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Imposing Liability on the Non-Manufacturing Seller of a Product in Texas

It is not unusual to face a situation where a product implicated in a loss is manufactured by a foreign defendant. Typically, the product has been manufactured in another country and distributed by a domestic company or otherwise sold by

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Posted in Product Liability

New Hurdles for Defect Claims by Condo Associations in Texas

There are two new sections in the Texas Property Code which will provide protection for developers and their design professionals from actions brought by condominium associations for construction defect or design claims. The impetus for this change grew out of

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Posted in Construction

Are “Sound Waves” the Future for Fighting Fires?

For their senior research project, two young engineering students at George Mason University came across an experiment conducted by the Defense Advanced Research Projects Agency (“DARPA”) in 2012 called “acoustic suppression of flame.” In a nutshell, the experiment focused on

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Posted in Cyber; IoT and Technology

Spoliation in Texas: A New Approach

The Supreme Court of Texas recently revisited the concept of spoliation of evidence in Brookshire Brothers, Ltd. v. Aldridge. The case involved a slip and fall at a Brookshire Brothers grocery store. In discovery, the grocery store produced a video

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Texas Uniform Condominium Act: What to Know, Where to Go, and How to Find it

As the State of Texas continues to enjoy strong population growth, condominiums will continue to proliferate particularly in Texas’ largest cities. For subrogation professionals who occasionally see claims associated with condominium associations, it is helpful to have an understanding of

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Convention on the Contract for the International Carriage of Goods by Road: A Primer

Claims handlers for insurers of goods being transported by road in Europe would be well served to familiarize themselves with what is commonly referred to as the “CMR Convention” (“CMR”). The CMR (which became operative in July of 1961) is

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Ewing: Will My Construction Defect Claim Be Covered In Texas

If you are a subrogation professional who handles construction defect claims in Texas, you may have heard references to the case of Ewing Construction Company v. Amerisure Insurance Company, 684 F.3d 512 (5th Cir. 2012).  In Ewing, the Fifth Circuit

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Insurer’s Right to Contractual Subrogation Trumps Equitable Made-Whole Doctrine Yet Again in Texas

In Fortis Benefits v. Cantu, 234 S.W.3d 642 (Tex.2007), the Texas Supreme Court held that the “made whole” doctrine does not apply where the parties’ agreed contract provides a clear and specific right of subrogation. Despite this ruling, the Austin

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Prescribed Burns: The Importance of Determining Your State’s Approach to Liability

Over the last several years, the insurance industry has experienced significant losses due to wildfires. In many instances, the wildfires resulted from the carelessness of a camper, or the criminal conduct of an arsonist. Wildfires have also been caused by

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Texas Tort Reform 2011: Back So Soon?

Don’t look now, but the Texas Legislature may be back up to its old tricks. That’s right, "tort reform" has once again become a hot topic in Texas. On March 14, 2011, two separate bills were introduced in the state

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