Blog

Corporate and Commercial Law

Is Notice Required to the Insurer Upon Application for an Appointment of an Umpire During Appraisal?

10/18/2018

Generally, an insurance policy’s appraisal does not include a provision explicitly requiring that the one party be notified if and when the other party goes to court. In this blog post, our Insurance practice explores whether notice should be required.

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U.S. Supreme Court Asked to Resolve Circuit Split Over Punitive Damages Regarding Unseaworthiness

MARITIME

09/06/2018

Following a split decision between the Fifth and Ninth Circuits, our latest blog post explores the question posed to the U.S. Supreme Court of whether punitive damages are available for unseaworthiness.

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Spotlight on Recent Texas Contractual Claims Dispute

Insurance

08/07/2018

Our newest blog post, contributed by Rebecca Moore from our Houston office, spotlights a recent Texas contractual and extra-contractual claims dispute.

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Failure To Comply With The EUO Leads To Dismissal: Morgan v. Americas Insurance Company

Insurance

04/18/2018

Our latest blog post discusses the outcome of a recent case resulting from the failure to comply with an examination under oath.

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Barnes v. Sea Hawaii Rafting: The Ninth Circuit Revives the Old Jurisdictional Principle of Custodia Legis in Vessel Seizures

MARITIME

04/05/2018

This blog post discusses the Ninth Circuit's recently issued decision on the friction between admiralty jurisdiction and bankruptcy jurisdiction in cases involving seized vessels.

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Government Working Together

Real Estate

03/28/2018

Our latest blog post discusses a recent outcome of a master plan designation between the Port of New Orleans and the City of New Orleans. The issue at hand went beyond a traditional zoning dispute and encompassed constitutional conflicts between the Port and the City.

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Newly Enacted Chapter 542A Provides a Partial Safeguard for Adjusters

Real Estate

03/14/2018

Our latest blog post discusses a common occurrence in recent weather-related first-party litigation, involving the inclusion in a lawsuit of local or independent adjusters or consultants in a claim. Among other impacts, their inclusion prevents insurers from removing a state-filed case to federal court.

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Menchaca: Second Time’s A Charm?

Real Estate

02/22/2018

Although by industry standards a small damages case, USAA Texas Lloyds Company v. Menchaca certainly casts a large shadow in the insurance world. The Texas Supreme Court's decision in December 2017 to rehear the long running bad faith dispute has the potential to significantly impact future bad faith litigation in the State of Texas.

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Current Issues in Enforcing Judgments Against Limited Liability Companies

Real Estate

02/14/2018

Our latest blog post examines issues surrounding creditor and debtor rights related to the enforcement of judgments against LLCs, including the charging order statute, a judgment creditor's right to information, rights against single member LLCs and the effect of a bankruptcy filing.

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“Risk-y” Business: Who Bears Financial Responsibility When a Loss Occurs in an Industrial Setting?

Commercial Litigation

01/10/2018

Accidents can happen on job sites. When they do, lawsuits often follow. This blog post explores the question of who bears financial responsibility when a loss occurs and key considerations when negotiating the terms of a work agreement.

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