Texas Update!
Here’s a case we are watching. It has all the titillating elements: body snatching, big exemplary damages, vicarious liability for the wrongful acts of a subsidiary company, and whether there is sufficient evidence to support an award of millions of dollars in damages for mental anguish. You might say it… continue reading...
Tx/Up! Election Observer
After this campaign season, it occurs to us that the political gene pool could use some chlorine. ♦ ♦ ♦ No Coverage Under GL Policy for Claims by Injured Leased Workers: Last Week, Chamberlain♦McHaney obtained a summary judgment from the United States District Court for the Southern District… continue reading...
Chamberlain♦McHaney Wins Significant Coverage Case before Texas Supreme Court; CGL policy does not cover fatal accident involving Hoist.
The main issue in this case is whether the auto use exclusion in a comprehensive general liability policy effectively excludes coverage for a fatal accident arising out of the insured’s use of a pick-up truck to lift a make-shift man hoist. On October 1 the Texas Supreme Court reversed the… continue reading...
Texas Med Mal Damages Caps Held to Pass Federal Constitutional Muster
A U.S. magistrate judge has concluded that the cap the Texas Legislature set on non-economic damages in health care liability suits is constitutional. In his Sept. 13 “Report and Recommendation,” U.S. Magistrate Judge Charles Everingham IV of the Eastern District of Texas in Marshall concluded that the defendant health care… continue reading...