Commercial Litigation

New Texas Insurance Code Chapter 542A: New Law to Handle Texas Weather-Related Claims Effective Sept. 1



The new law makes a few key changes to the procedure for bringing certain property damage claims against insurers and insurance agents.

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A Summary of Louisiana Fifth Circuit Court of Appeal’s Decision in Bad Faith Penalties Case



An assessment of the issues in Williams v. Security Plan Fire Ins. Co, including how various sections of the Louisiana Insurance Code were taken into account in the court's decision, and the overall outcome of the case.

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Texas Supreme Court Grants Mandamus Relief on Attorneys’ Fee Discovery in Hidalgo County MDL



The recent ruling is an important case in first-party insurance litigation because this discovery tactic has been increasingly utilized and litigated over the past several years.

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What Happens When Local Banks Falter? The Basics of FDIC Enforcement Actions

Corporate and Commercial Law


The specter of bank failures remains a significant risk to the U.S. banking system. The recent failure of First NBC Bank reportedly cost the federal government approximately $1 billion and is a reminder of the risks for local banks.

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Fidelity Practice Pointer: Considerations for Pre-Suit Mediation and the Importance of the Mediation Privilege

Legal Lagniappe


Objectives for conducting a pre-suit mediation may be to educate the insured and the insured’s attorney on the policy provisions that preclude or limit coverage, or to streamline the issues prior to a suit being filed.

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Insurance Disputes: Five Rules Insurers Need to Know



The Texas Supreme Court has announced five rules intended to address contractual claims under an insurance policy versus tort claims under the Texas Insurance Code. The rules were set forth in conjunction with the Court’s opinion in the case of USAA Texas Lloyds Company v. Menchaca and are meant to clarify confusion regarding the treatment of statutory bad faith claims in insurance coverage disputes brought before state courts.

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Supreme Court Decides Against Structured Dismissals In Chapter 11 Cases



This article examines the case of Czyzewski v. Jevic Holding Corporation, in which the Court held that a bankruptcy court cannot approve a structured dismissal that allocates value contrary to the priority scheme of the Bankruptcy Code.

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Houston’s 14th Court of Appeals Affirms Right to Assert Appraisal



The facts in this case are familiar to anyone doing property damage work.

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Court Issues Standing Order for San Antonio Hail Suits



The two orders govern damage to residential and commercial property respectively.

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Comparing and Contrasting the New Federal Trade Secrets Law With Louisiana’s Trade Secret Law

Intellectual Property


This article looks at how the new federal trade secret law, the DTSA, compares to existing rights under Louisiana’s Uniform Trade Secrets Act, and explains some of the key new provisions in the federal law.

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