News & Analysis as of

Texas Liability

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

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In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Chartwell Law

Texas Supreme Court Reverses $89M Verdict in Landmark Trucking Case

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The Texas Supreme Court recently issued a major opinion reversing a nearly $90 million judgment against a national motor carrier in a personal injury suit arising from a multi-vehicle crash on an icy interstate. The case,...more

Hanson Bridgett

The Texas Supreme Court Detours the Trucking Industry Around a Historic Nuclear Verdict

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On an icy winter day more than ten years ago, the driver of an F-350 pickup truck, traveling eastbound on Interstate 20, crossed a 42-foot grassy median, entered in westbound traffic, and collided with a Werner Enterprises...more

Hendershot Cowart P.C.

Shielding Your Assets: How Texas LLC Owners Can Protect Against Veil-Piercing Claims

As a Texas LLC owner, member, or manager, you've made a strategic choice to separate your business and personal finances through a limited liability company structure. This critical legal barrier provides valuable protection,...more

Jackson Lewis P.C.

Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

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On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...more

Foley & Lardner LLP

Texas Supreme Court Limits Franchisor Liability in Franchisee Sexual Assault Case

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On May 2, 2025, the Texas Supreme Court held that a franchisor owes no duty of care for injuries caused by a franchisee’s employee unless the franchisor retained or exercised control over the hiring of that employee....more

Pillsbury Winthrop Shaw Pittman LLP

Water, Reused: Texas Reshapes Liability and Regulatory Rules on Produced Water, Leaves Ownership Questions Unanswered

The Texas legislature passed a series of bills aimed at modernizing the legal and regulatory landscape for the handling and reuse of produced water—a byproduct of oil and gas operations. These developments address permitting,...more

Fox Rothschild LLP

Texas Supreme Court Reverses Liability Finding Against Franchisor

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A recent Texas Supreme Court decision fully overturned a jury’s finding that a franchisor was liable for the criminal actions of a franchisee’s employee. This decision underscores the importance of a franchisor having clearly...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

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In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Bradley Arant Boult Cummings LLP

Insurance – Texas Style, Part 1: Stowers Liability and Insurance Towers

This is the first in a series of discussions about insurance issues unique to the Lone Star State. For nearly a century, the Stowers doctrine has been a critical cornerstone of Texas insurance law protecting insureds...more

Farella Braun + Martel LLP

Sometimes, Insurers Want To Settle!

This summary of a recently filed complaint illustrates one of the worst-case scenarios an insured defendant can find itself in: getting slapped with a verdict in excess of your liability insurance limits.  Here, it was an $11...more

Gray Reed

Broad Form Indemnities in Construction Contracts (UPDATED)

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Broad form indemnities are common in Texas construction contracts, even though indemnifying someone for their own negligence is a tough pill to swallow.  ...more

Oliva Gibbs

The Texas Division Order Statute: How It Works and Who It Serves to Protect

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A division order is a statement executed by all owners of interests in an oil and gas well.  The division order’s essential purpose is to “authorize and direct to whom and in what proportion to distribute” proceeds from the...more

Cozen O'Connor

Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered

Cozen O'Connor on

The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian...more

Fox Rothschild LLP

New Complex Case Procedures in the Southern District of Texas

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Effective January 1, 2023, the procedures for filing complex cases in the Southern District of Texas changed. The courts have made the procedures specific and detailed. Below are some of the highlights of the new rules....more

Bracewell LLP

The New Rules: Liability Limitations for Construction Design Defects in Texas

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Through Senate Bill 219, now codified in Chapter 59 of the Texas Business & Commerce Code, the Texas legislature has reallocated the risks for construction design defect liability in Texas by joining a majority of...more

Clark Hill PLC

Texas Legislature Amends AED Protections

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The Texas Legislative Regular Session 2021 brought us an interesting panoply of statutes that address many controversial issues. One topic that seems to largely have unanimous public support is Texas Senate Bill 199, which...more

White and Williams LLP

Texas Federal Court Rules Amazon Can Be Sued for Defective Product

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Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a...more

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