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Using Procedural Rules to Assist in Defense of Case
Jan 3, 2025
Texas Supreme Court: Defendants Should Have Been Allowed to Withdraw...
Dec 18, 2024
Qualified Immunity for Private Healthcare Professionals (Part II)
Dec 18, 2024
FTC Approves Non-Compete Clause Rule
Jun 21, 2024
Qualified Immunity for Private Healthcare Professionals (Part 1)
Jun 21, 2024
Courtroom Capitalism: A New Era for Commercial Litigation in...
Jun 21, 2024
Following the Legislature’s Instructions: Rodriguez v. Safeco
Mar 20, 2024
Texas Supreme Court Clarifies Permissible Scope of Discovery in Auto Collision Cases
Mar 20, 2024
Incorporation by Reference After Deepwater Horizon
Mar 20, 2024
Navigating Dangerous Conditions in Premises Liability Actions
Mar 20, 2024
Strategies For Minimizing Mega-Jury Verdicts
Dec 20, 2023
Chapter 95: “Owning” Recent Applications of a Defense Bar Favorite
Dec 20, 2023
Legislative Changes Involving Construction Law
Dec 20, 2023
Texas Supreme Court to Hear Case Involving No-Evidence Summary Judgment Standard in the Context of Emergency Medical Care
Sep 21, 2023
Texas Supreme Court Addresses Consequences of Admitted Race-Based Jury Selection
Sep 21, 2023
“One Year Later: the Significant Impact of the “Monroe Exception” Upon the Duty to Defend in Texas”
Aug 10, 2023
A Texas Legislative Update: HB 1998 Increases Public Reporting Requirements for Physicians
Jul 3, 2023
Texas Supreme Court Issues New Opinions that Assist Defendants with Challenging Plaintiff’s Claimed Injuries and Damages
Jul 3, 2023
Texas Legislative Update – Senate Bill 490 – Itemized Medical Bills
Jul 3, 2023
Climate Science is the Future of Risk Assessment for the Property and Casualty Insurance Market
Jul 3, 2023
Updated: Texas Supreme Court Soon to Decide ERCOT’s Exposure
Mar 28, 2023
Partners – Beware what your Partner Represents to Others!
Mar 28, 2023
Don’t Modify or Change Your Records Upon Notice of an Investigation or Claim
Mar 28, 2023
Liability Waivers for Activities and On-Premises Equipment – The Basics and Best Practices
Mar 28, 2023
Southern District of Texas Deviates From Established Law On Occurrences Under General Liability Policies
Sep 20, 2022
Liability of Health Care Providers Amid the COVID-19 Pandemic: An Update
Sep 20, 2022
LIV Free, Die Hard: An Analysis of the Antitrust Issues Surrounding the PGA Tour and LIV Golf
Sep 20, 2022
Two Important Changes to the Rules Regarding Remedial Plans for Dental Licensees in Texas
Sep 20, 2022
“A River Runs Through It”: Diffuse Water Flow & the Application of Michaelski
Sep 20, 2022
Cybersecurity Insurance: Both Valuable and Bewildering
Jun 15, 2022
Texas Regulators Aim to Shed Reptile Theory: A Look Back on HB 19 and its Effect on Trucking Litigation
Jun 15, 2022
Don’t Be Surprised: Ensuring Compliance with State and Federal Legislation to Avoid Board Disciplinary Action Against Medical Providers
Jun 15, 2022
Texas Supreme Court Issues Two New Health Care Opinions
Mar 21, 2022
Confusion Over Preclusion: Insurance Code Chapter 542A and Pre-Suit Notice Deficiency Remedies
Mar 21, 2022
Texas Supreme Court Adopts Exception to Eight Corners Rule
Mar 21, 2022
A Virtually Bad Idea: The Pitfalls of Conducting Remote Jury Trials
Dec 13, 2021
Texas Supreme Court Addresses Scope of Deposition for an Insurer’s Corporate Representative
Dec 13, 2021
Information Resources for Texas Physicians
Dec 9, 2021
Don’t Be Chicken About Tenders: How Defense Counsel Can Maximize Additional Insured Participation in Construction Litigation
Dec 8, 2021
The Importance of Written Medical and Dental Records
Dec 8, 2021
Supreme Court of Texas Applies Chapter 74 Expert Report Requirement to Claim Asserted Under 42 U.S.C. § 1983: Rogers v. Bagley
Sep 13, 2021
Teledentistry is Legal in Texas... But, Tread Carefully
Sep 13, 2021
Can We Smooth the Edges Here?: How the Supreme Court of Texas’ Standard that a Pre-Appraisal Insurance Claim Payment Should “Roughly Correspond” with the Amount Owed is Still too “Rough” to Utilize
Sep 13, 2021
The PREP Act and Pre-emption in COVID-19 Lawsuits
Jun 15, 2021
Texas Supreme Court Revisits Legal Duty and Right of Control in Construction Context
Jun 14, 2021
In re K & L Auto Crushers, LLC: An Update on North Cypress and Discovery of Medical Billing Information
Jun 14, 2021
Texas Supreme Court Giveth And Taketh Away
Jun 14, 2021
House Bill 19 Changes Litigation Against Commercial Motor Vehicle Companies
Jun 14, 2021
Defense Against the “Reptile Theory” in Litigation
Jun 14, 2021
California Public Entities that Successfully Invoke Design Immunity Still Can Be Liable
Mar 16, 2021
Extrinsic Evidence and the Duty to Defend
Mar 16, 2021
Homeowners’ Insurance Claims Arising from the Recent “Snowmageddon”
Mar 16, 2021
Do I Have a Duty to Ensure Safe Performance of My Independent Contractor’s Work?
Mar 16, 2021
Performing Procedures During a COVID-19 Shutdown? Proceed With Extreme Caution!
Dec 14, 2020
2021 Changes to the Texas Rules of Civil Procedure
Dec 14, 2020
COVID-19 and Workers Compensation: Coverage and Considerations
Dec 14, 2020
A Look Ahead to the Texas Legislative Session—Transportation Bills
Dec 14, 2020
Texas Supreme Court Clarifies “True Replacement” Theory of Employment Discrimination
Dec 14, 2020
Proposed Amendment to the Confidentiality Rule of the Texas Disciplinary Rules of Professional Conduct
Sep 14, 2020
Objections to a Third-Party Subpoena Under the Federal Rules
Sep 14, 2020
Socially-Distanced Justice? The Effect of Jury Trials During the COVID-19 Pandemic
Sep 14, 2020
Personal Guaranties – What Happens if the Borrower Defaults?
Sep 14, 2020
A New Standard Could Lead to Huge Verdicts in Police Misconduct Cases
Sep 14, 2020
Business Interruption Insurance and COVID-19
Jun 15, 2020
Liability of Healthcare Providers Amid the COVID-19 Pandemic
Jun 15, 2020
Use of The Texas Citizen’s Participation Act to Dismiss Responsive Pleadings
Jun 15, 2020
The Federal Motor Carrier Safety Administration Issues Final Rule on Driver’s Hours of Service
Jun 15, 2020
Texas Supreme Court Explains Interrelation of Ch. 33 Settlement Credit and Ch. 74 Damages Cap
Jun 15, 2020
Federal Ninth Circuit Creates New Obligation for Arbitrator Disclosing Potential Bias
Mar 16, 2020
California Anti-SLAPP Statute Does Not Protect All Litigation Conduct of Insurer-Retained Defense Attorney
Mar 16, 2020
Western District of Texas Courts Holding that Discovery Permitted by North Cypress Medical Center Does Not Apply in Personal Injury Cases
Mar 16, 2020
The Texas Supreme Court Holds that a Corporation Asserted a Safety-Based Health Care Liability Claim Arising Out of the 2014 Ebola Crisis
Mar 16, 2020
Payment of Policy Limits and Covenants Not to Execute
Nov 25, 2019
A Primer on Certificates of Insurance
Sep 23, 2019
UPDATE: Applying the Loaisiga Presumption to Determine Whether Claims for Sexual Assault are Health Care Liability Claims
Sep 23, 2019
Texas Supreme Court Holds That “Negligent-Hiring” Claims Can Fall Within the Scope of Chapter 95 of the Texas Civil Practice Remedies Code
Oct 9, 2019
It’s Official: The Texas Citizens Participation Act Will Not Apply in Diversity Cases in Federal Court (For Now)
Sep 23, 2019
Texas Transportation Update: New Class C Misdemeanor and Potential Upgrade to a Class B Misdemeanor
Sep 23, 2019
California Continuing Governmental Immunities
Sep 16, 2019
Appraisal and Extra-Contractual Claims - Texas Supreme Court's Analysis
Jul 3, 2019
You’ve Received a Notice Letter of a Complaint from Your Licensing Board – Now What?
Jun 17, 2019
Vicarious Liability Pleadings and the Chapter 74 Expert Report Requirement for Health Care Liability Claims
Jun 17, 2019
The Emergence of Telemedicine in Texas
Jun 17, 2019
Texas Supreme Court Rules That Allegations of Fraudulent Medical Records Are Health Care Liability Claims Subject to Expert Report Requirement
Jun 17, 2019
Supreme Court of Texas Bars Claim for Wrongful Termination Based on Refusal to Violate the Michael Morton Act
Mar 18, 2019
Lesson Learned: Regularly Monitor Your Bank Account
Mar 18, 2019
Appraisal and Extra-Contractual Exposure Post - Menchaca
Mar 18, 2019
Foreclosure Issues in Property Claims and Mortgagees' Interests - Part II
Mar 18, 2019
Proposed Amendments to the Texas Disciplinary Rules
Mar 18, 2019
Foreclosure Issues in Property Claims and Mortgagees' Interests - Part 1
Dec 10, 2018
The Enforceability of Exclusions Amidst Defects in the Issuance of Surplus Lines Insurance Policies
Dec 10, 2018
Protecting Your Proprietary Business Information: Get a Fresh Start
Dec 10, 2018
Waiving Attorney-Client Privilege by Using a Company Email
Dec 10, 2018
Texas Supreme Court Sides with Homeowners in Dispute Over Short-Term Rentals to Travelers
Sep 17, 2018
Texas Supreme Court Expands Scope of Persons Who Can Provide Section 18.001 Medical Expense Affidavits
Sep 17, 2018
Buyers Beware of the "As Is" Clause When Purchasing Commercial or Residential Property
Sep 17, 2018
Texas Supreme Court Adopts New Guidelines for Attorney Discipline
Sep 17, 2018
Why We Could Cry Over Spilled Milk
Sep 17, 2018
Comments Regarding a HOA and Real Estate Developer’s Misconduct Falls within the TCPA
Sep 17, 2018
Supreme Court of Texas Upholds Precedent that Workers’ Compensation Carriers Who Issue Endorsements Waiving the Right of Recovery from Third Parties Cannot Seek Reimbursement from Settlement Proceeds Paid by Third Parties
Jun 18, 2018
California Decision Finds Policy Language in Additional Insured Endorsements Must Be Clear and Explicit
Jun 18, 2018
Rarely Used But Extremely Useful: The Texas Turnover Statute
Jun 18, 2018
Buyer Considerations in Asset Purchases
Jun 18, 2018
Texas Supreme Court Finally Adopts “Sham Affidavit Rule”
Jun 18, 2018
Collecting a Judgment by Sheriff’s Sale
Jun 18, 2018
Houston First Court of Appeals Rejects Attempts to Limit Future Damages in Health Care Liability Claims
Mar 19, 2018
Covenants Not to Execute and Primary Policy Exhaustion
Mar 19, 2018
Texas Supreme Court Continues to Reshape Medical Expert Report Landscape
Mar 19, 2018
A Primer on “Carmack Claims”
Mar 19, 2018
Texas Law vs. Bankruptcy Law and the Texas Homestead: How Crazy Can Things Get?
Mar 19, 2018
Fishing Not Permitted
Mar 19, 2018
Appellate Court Upholds Chapter 74: Doctor Need Not Appear for Deposition in Birth Injury Case
Nov 17, 2017
Challenging Patent Venue in the Eastern District of Texas
Nov 1, 2017
Understanding Entity Selection
Nov 17, 2017
Texas Supreme Court Revisits Proximate Cause in Negligent Entrustment Case
Nov 17, 2017
Penalties and Lawsuits for HIPAA and State Privacy Law Violations
Sep 15, 2017
No Coverage for Attorneys’ Fees Assessed Against the Insured
Nov 17, 2017
Legislature Enacts New Law for Do-Not-Resuscitate Orders and Updates Law for Medical and Durable Powers of Attorney
Sep 15, 2017
Innocent Parties Can Use Indemnity to Recover Cleanup Costs under New California Decision
Sep 15, 2017
Case Update - Austin v. Kroger
Sep 15, 2017
California Court Decides Method of Stacking Excess Policies at Different Levels in Multi-Year Environmental Claim
Sep 15, 2017
California Court Finds Ambiguous "Ongoing Operations" Limitation in Contractor's Additional Insured Endorsement
Sep 15, 2017
Federal Ninth Circuit Court of Appeals Split on Applying Qualified Immunity Defense to Excessive Police Force Actions
Jul 21, 2017
Proposed Change in California Law to Remove Certain Mediation Confidentiality Protections
Jul 21, 2017
Underground Utilities: Can Contractors Curb Loss of Use Damages?
Jul 21, 2017
Supreme Court of Texas Considers Discoverability of Party’s Attorney-Billing Records In Attorney-Fee Challenge
Jul 21, 2017
Great American Insurance Co v. Hamel
Jul 21, 2017
Who is a “Property Owner” Under Chapter 95?
Apr 21, 2017
Wikipedia and a Claimed “Welfare Queen”—New Texas Supreme Court Opinion
Apr 21, 2017
A Chapter 150 Certificate of Merit, or the Record Itself, Must Demonstrate the Affiant is Knowledgeable in the Defendant’s Area of Practice, Says Texas Supreme Court
Apr 21, 2017
USAA Texas Lloyds Co. v. Menchaca: Texas Supreme Court Announces Rules Governing Recovery Of Policy Benefits Under Insurance Code
Apr 21, 2017
Spoliation after Brookshire Brothers v. Aldridge
Apr 21, 2017
Great American Insurance Company v. Primo, Supreme Court of Texas Interprets Insured-Versus-Insured Exclusion in D&O Liability Insurance Policy
Apr 21, 2017
Pleading Scienter in Securities Fraud Actions
Apr 21, 2017
Naturally Accumulating Elements are not Unreasonably Dangerous Conditions
Feb 17, 2017
The Applicability of the “Insured vs. Insured” Exclusion in a D&O Policy in Federally Governed Receivership Cases: The Legal Status of the FDIC When It “Steps Into the Shoes” of Defunct Financial Institutions
Feb 17, 2017
Texas Supreme Court Adopts Insureds’ Reasonable Interpretation of Homeowners Policy and Holds Fencing Claim Covered as a Matter of Law
Feb 17, 2017
Reptile Theory
Feb 17, 2017
Defend Trade Secrets Act Expands Protections of Employers' Proprietary Information
Feb 17, 2017
"Computer Fraud” Provision of Crime Protection Insurance Policy: Insured’s Loss Did Not Result Directly from the Use of Any Computer
Oct 28, 2016
The State of Texas Voter ID Law Following the Texas NAACP v. Steen Opinion
Oct 28, 2016
Duties Owed in the Attorney-Client Relationship
Oct 28, 2016
Texas Supreme Court's Second Interpretation of the Scope of Chapter 95 (Property Owner Liability)
Oct 28, 2016
Excess Insurance Company Subrogation Rights
Oct 28, 2016
All-Damages Cap on Health Care Liability Wrongful Death and Survival Claims
Aug 31, 2016
The Issue of Admissibility of Alcohol in Personal Injury Cases
Aug 26, 2016
A Brief Summary of Recent FDA Compounding Pharmacy Guidance and Regulatory Activity
Aug 26, 2016
Texas Supreme Court Limits Grounds to Vacate Arbitration Awards
Aug 26, 2016
Connecting the Dots: Determining the Duty to Defend When the Facts Pleaded Fail to State a Compensable Claim Covered Under the Policy
Aug 26, 2016
Unable to Pay for Arbitration? The 9th Circuit Says You Still May Have Fulfilled Your Duty to Arbitrate
Aug 26, 2016
Texas Supreme Court Denies Rehearing in U.S. Metals v. Liberty Mutual
Jun 24, 2016
Who is a "Contractor" Under Chapter 95?
Jun 24, 2016
Is a Denial a Waiver of the Appraisal Provision?
Jun 24, 2016
Texas Supreme Court and Fifth Circuit Issue Flurry of Opinions Addressing Health Care Liability Issues
Jun 24, 2016
The Court, Not the Arbitrator, Decides the Validity of an Agreement Containing an Arbitration Clause
Jun 24, 2016
Premises Liability vs. Safety Claim Against Healthcare Providers
Apr 22, 2016
Recent Trends in Texas for Premises Liabilty Claims
Apr 22, 2016
Texas Supreme Court Holds that Proprietary-Governmental Function Analysis Applies to Immunity Questions in Breach-of-Contract Suits
Apr 22, 2016
Federal Circuit Update: Recent Cases on Patent Claim Construction
Apr 22, 2016
Houston Fourteenth Court of Appeals Declines to Recognize an Extrinsic Evidence Exception for Duty to Defend
Apr 22, 2016
How Does an Independent Contractor Become an Employee for Liability Purposes?
Apr 22, 2016
Texas Supreme Court Changes Measure of Damages
Feb 26, 2016
Permissive Interlocutory Appeals and Determining the Duty to Defend
Feb 26, 2016
Court Holds in Favor of Law Firm After Client Goes Behind Its Back to Insurer
Feb 26, 2016
Procedural Due Process in Consumer Healthcare Arbitrations in California
Nov 20, 2015
Texas Supreme Court: Reviewing the 2014-2015 Term
Nov 20, 2015
Recovery of Attorneys Fees for Breach of Contract in Texas
Nov 20, 2015
Sheltered From the Storm: Cooper & Scully Attorneys Obtain Victory in High-Stakes Patent Litigation
Nov 20, 2015
Attorney Immunity Wins Again
Sep 18, 2015
Could Fitbits Become Expert Witnesses in the Courtroom?
Sep 18, 2015
ERISA and Provider-Payor Prompt Pay Act Litigation Update
Sep 18, 2015
The Basics of Cybersecurity Risks
Sep 18, 2015
Texas Legislative Update: Insurance Laws Passed During the 2015 Regular Session
Jul 24, 2015
Recent Supreme Court Case Regarding Premises Liability: Austin v. Kroger Texas, L.P.
Jul 24, 2015
Ross v. St. Luke's Episcopal Hospital - What Defines a Health Care Liability Claim?
May 15, 2015
Texas Supreme Court Addresses Arbitration Issues Involving AIA Contracts in Construction Defect Case
May 15, 2015
Thoughts on Chapter 18 - Is it Doing What it Was Designed to Do?
May 15, 2015
How The Actions of an Agent Can Bind a Principal
May 15, 2015
The Appraisal Provision and Extracontractual Exposure
May 15, 2015
Texas Supreme Court Interprets Concurrent-Causation-Clause in Insurance Policy
May 15, 2015
Dallas Court of Appeals Finds No Coverage Where Insured Failed To Allocate Damages For Covered Claims From Non-Covered Claims
Mar 16, 2013
Can An Underlying Contract Impose Limits On The Coverage Available To An Additional Insured Under A Policy?
Mar 16, 2015
Filing Frenzy: What the Bills Pending in the Legislature Say and Why They Matter to You
Mar 13, 2015
Texas Supreme Court Revamps Law Regarding Admissibility of Seat Belt Evidence
Mar 13, 2015
Spoliation of Evidence Doctrine: Video Evidence Update
Mar 16, 2015
Premises Liability Update: When the Invitee is an Employee
Mar 16, 2015
Medical Liens
Jun 13, 2014
2013-2014 Texas Supreme Court Update
Jun 13, 2014
Six Months into the Mandatory E-Filing Roll-Out
Jun 13, 2014
The Appraisal Process: Now We Understand
Jun 13, 2014
Anti-Kickback and Stark
Nov 15, 2013
Court Issues New Prompt Payment of Claims Decision in an Uninsured Motorist Case
Nov 15, 2013
Texas Supreme Court Rules Damages Covered Even if Loss Incurred After Policy Period
Nov 15, 2013
Recent Texas Supreme Court Opinions Leave Significant Imprint on Health Care Litigation
Nov 5, 2013
Notable 2012-2013 Texas Supreme Court Cases
Nov 15, 2013
2013 Transportation Update
Nov 15, 2013
The Texas Anti-Indemnity Act and the Common Law: What Happens Next?
Nov 15, 2013
Application of the Attorney Client and Work Product Privileges When a Party Seeks Recovery of Attorney's Fees
Nov 15, 2013
Pharmacy Update: Recent Compounding Pharmacy Legal Developments
Nov 15, 2013
Email 101
Nov 15, 2013
Emerging Risks in Insurance: Cyberbullying
Nov 15, 2013
Read R. Brent Cooper, Micah Dortch and Wes Johnson's Latest Article in the Texas Lawyer "A Trial Lawyer's Guide to Jurors From Gen X and Gen Y"
Jul 15, 2013
Read R. Brent Cooper's Latest Article in the Texas Lawyer "Burdens of Proof in Coverage Litigation"
Feb 16, 2012
Read R. Brent Cooper's Latest Article in the Texas Lawyer "The Duty Not to Settle"
Feb 14, 2011