News & Analysis as of

Fitness for Particular Purpose

Winstead PC

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

Winstead PC on

In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

Morgan Lewis

UK FCA Seeks to Ban Regulated Person for Nonfinancial Misconduct

Morgan Lewis on

The Financial Conduct Authority (FCA) has emphasised in recent years that firms should consider nonfinancial misconduct when assessing the fitness and propriety of staff. ...more

Gray Reed

Defective Drill Pipe+Delivery Ticket=Lawsuit

Gray Reed on

What could possibly go wrong when drill pipe and a delivery ticket are sent to a well location? Well … The facts - In Knight Oil Tools v. Rippy Oil Company, Knight rented drill pipe to Rippy for an Eagle Ford well....more

Jones Day

Construction Contracts: When Is Industry Best Practice Not Good Enough?

Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

Thomas Fox - Compliance Evangelist

Interview with Tanya Otterstein-Liehs-the Process of Fitness

I grew up in Kitchener, Ontario, Canada and now reside in Waterloo, Ont. Canada. I went to Conestoga College in Kitchener to study and pursue a career in Early Childhood Education. However I came to a point in my life where I...more

Gray Reed

Implied Warranties: Part One (Goods)

Gray Reed on

Texas law imposes certain implied warranties on the sale of goods, regardless of whether the warranties are mentioned in the contract. In particular, Texas law creates the warranty of “merchantability” and the warranty that...more

Foley Hoag LLP

Product Liability Update -- October 1, 2013

Foley Hoag LLP on

In This Issue: ..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more

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