In the past year alone, five fiery oil train derailments have made front-page news by causing both catastrophic bodily injury and property damage in rural towns across Canada and the United States, including the 74-car freight…more
Suppose you are counsel for a policyholder impacted by a damaging storm, hurricane or other catastrophic event. Your client reports that it sustained property damage and a significant business interruption loss. You are asked to…more
As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. In this article, we provide a simplified overview of the highly complex set of rules…more
Discovery of information is one of the most important aspects of litigation — it allows both parties to identify the facts that support their claims or defenses. Because of this, some of the largest battles an attorney faces in…more
A long time ago in a land far, far away, property insurers and their insureds recognized that not every insurance dispute necessitated the expense and headache of a full-blown lawsuit. The result of this recognition was the…more
Ever since the Texas Supreme Court drastically broadened the scope of appraisal in State Farm Lloyds v. Johnson, insurance companies providing coverage in Texas have likely wondered if continuing to include an appraisal…more
The global nature of many price-fixing cartels gives rise to unique challenges for obtaining evidence located outside the jurisdiction.
Originally published in Competition Law360 on January 31, 2014…more
Texas has perhaps the most substantive body of law on insurance appraisal. In recent years, Texas courts have issued a plethora of appraisal-related decisions covering a vast assortment of topics. Some provide clarity on the…more
In most insurance coverage disputes, the parties arrive at mediation fully aware of the other side’s position. An insured makes its position known when it submits the claim or during the claim adjustment, and an insurer presents…more
Does a party waive its right to demand appraisal if it states in open court, “We don’t like appraisal,” simultaneously opposes a motion to compel appraisal in a companion case with nearly identical facts, attempts a unilateral…more
Every lawyer knows that most state court lawsuits fall into a few general categories: slip and falls, auto accidents, employment disputes and collection actions. Year after year after year, the majority of state court lawsuits…more
Nearly every estimate submitted on behalf of a Texas building owner for the replacement of a commercial roof includes the same last two line items...
Originally published in Texas Law360 on December 2, 2013…more
In the last two months, courts in California have issued several decisions concerning the scope of an insurer’s duty to defend its insured in underlying litigation. These decisions address important matters involving the…more
Hailstorms are inevitable in Texas, and so is the experience of the typical homeowner in their aftermath. Countless flyers are taped to the front door, yard sign ads spring up in the neighborhood, and the phone and doorbell…more
While appraisal is a method of dispute resolution commonly provided for in insurance contracts, many jurisdictions lack a well-developed body of case law addressing questions relating to the scope of appraisal, the role of party…more
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