News

Resources

Relevant Legal Resources
At your Fingertips.

Articles

Business Interruption Insurance and COVID-19 >

Liability of Healthcare Providers Amid the COVID-19 Pandemic >

Use of The Texas Citizen’s Participation Act to Dismiss Responsive Pleadings >

The Federal Motor Carrier Safety Administration Issues Final Rule on Driver’s Hours of Service >

Texas Supreme Court Explains Interrelation of Ch. 33 Settlement Credit and Ch. 74 Damages Cap >

Federal Ninth Circuit Creates New Obligation for Arbitrator Disclosing Potential Bias >

California Anti-SLAPP Statute Does Not Protect All Litigation Conduct of Insurer-Retained Defense Attorney >

Western District of Texas Courts Holding that Discovery Permitted by North Cypress Medical Center Does Not Apply in Personal Injury Cases >

The Texas Supreme Court Holds that a Corporation Asserted a Safety-Based Health Care Liability Claim Arising Out of the 2014 Ebola Crisis >

Payment of Policy Limits and Covenants Not to Execute >

A Primer on Certificates of Insurance >

UPDATE: Applying the Loaisiga Presumption to Determine Whether Claims for Sexual Assault are Health Care Liability Claims >

Texas Supreme Court Holds That “Negligent-Hiring” Claims Can Fall Within the Scope of Chapter 95 of the Texas Civil Practice Remedies Code >

It’s Official: The Texas Citizens Participation Act Will Not Apply in Diversity Cases in Federal Court (For Now) >

Texas Transportation Update: New Class C Misdemeanor and Potential Upgrade to a Class B Misdemeanor >

Can People Conspire to Commit Constructive Fraud? >

California Continuing Governmental Immunities >

Appraisal and Extra-Contractual Claims - Texas Supreme Court's Analysis >

You’ve Received a Notice Letter of a Complaint from Your Licensing Board – Now What? >

Vicarious Liability Pleadings and the Chapter 74 Expert Report Requirement for Health Care Liability Claims >

The Emergence of Telemedicine in Texas >

Foreclosure Issues in Property Claims and Mortgagees' Interests - Part III >

Texas Supreme Court Rules That Allegations of Fraudulent Medical Records Are Health Care Liability Claims Subject to Expert Report Requirement >

Supreme Court of Texas Bars Claim for Wrongful Termination Based on Refusal to Violate the Michael Morton Act >

Lesson Learned: Regularly Monitor Your Bank Account >

Appraisal and Extra-Contractual Exposure Post - Menchaca >

Foreclosure Issues in Property Claims and Mortgagees' Interests - Part II >

Proposed Amendments to the Texas Disciplinary Rules >

Foreclosure Issues in Property Claims and Mortgagees' Interests - Part 1 >

The Enforceability of Exclusions Amidst Defects in the Issuance of Surplus Lines Insurance Policies >

Protecting Your Proprietary Business Information: Get a Fresh Start >

Waiving Attorney-Client Privilege by Using a Company Email >

Texas Supreme Court Sides with Homeowners in Dispute Over Short-Term Rentals to Travelers >

Texas Supreme Court Expands Scope of Persons Who Can Provide Section 18.001 Medical Expense Affidavits >

Buyers Beware of the "As Is" Clause When Purchasing Commercial or Residential Property >

Texas Supreme Court Adopts New Guidelines for Attorney Discipline >

Why We Could Cry Over Spilled Milk >

Comments Regarding a HOA and Real Estate Developer’s Misconduct Falls within the TCPA >

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 >

California Decision Finds Policy Language in Additional Insured Endorsements Must Be Clear and Explicit >

Rarely Used But Extremely Useful: The Texas Turnover Statute >

Buyer Considerations in Asset Purchases >

Texas Supreme Court Finally Adopts “Sham Affidavit Rule” >

Collecting a Judgment by Sheriff’s Sale >

Houston First Court of Appeals Rejects Attempts to Limit Future Damages in Health Care Liability Claims >

Covenants Not to Execute and Primary Policy Exhaustion >

Texas Supreme Court Continues to Reshape Medical Expert Report Landscape >

A Primer on “Carmack Claims” >

Texas Law vs. Bankruptcy Law and the Texas Homestead: How Crazy Can Things Get? >

Fishing Not Permitted >

Appellate Court Upholds Chapter 74: Doctor Need Not Appear for Deposition in Birth Injury Case >

Challenging Patent Venue in the Eastern District of Texas >

Understanding Entity Selection >

Texas Supreme Court Revisits Proximate Cause in Negligent Entrustment Case >

Penalties and Lawsuits for HIPAA and State Privacy Law Violations >

No Coverage for Attorneys’ Fees Assessed Against the Insured >

Legislature Enacts New Law for Do-Not-Resuscitate Orders and Updates Law for Medical and Durable Powers of Attorney >

Innocent Parties Can Use Indemnity to Recover Cleanup Costs under New California Decision >

Case Update - Austin v. Kroger >

California Court Decides Method of Stacking Excess Policies at Different Levels in Multi-Year Environmental Claim >

California Court Finds Ambiguous "Ongoing Operations" Limitation in Contractor's Additional Insured Endorsement >

Federal Ninth Circuit Court of Appeals Split on Applying Qualified Immunity Defense to Excessive Police Force Actions >

Proposed Change in California Law to Remove Certain Mediation Confidentiality Protections >

Underground Utilities: Can Contractors Curb Loss of Use Damages? >

Supreme Court of Texas Considers Discoverability of Party’s Attorney-Billing Records In Attorney-Fee Challenge >

Great American Insurance Co v. Hamel >

Who is a “Property Owner” Under Chapter 95? >

Wikipedia and a Claimed “Welfare Queen”—New Texas Supreme Court Opinion >

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 >

USAA Texas Lloyds Co. v. Menchaca: Texas Supreme Court Announces Rules Governing Recovery Of Policy Benefits Under Insurance Code >

Spoliation after Brookshire Brothers v. Aldridge >

Great American Insurance Company v. Primo, Supreme Court of Texas Interprets Insured-Versus-Insured Exclusion in D&O Liability Insurance Policy >

Pleading Scienter in Securities Fraud Actions >

Naturally Accumulating Elements are not Unreasonably Dangerous Conditions >

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 >

Texas Supreme Court Adopts Insureds’ Reasonable Interpretation of Homeowners Policy and Holds Fencing Claim Covered as a Matter of Law >

Reptile Theory >

Defend Trade Secrets Act Expands Protections of Employers' Proprietary Information >

"Computer Fraud” Provision of Crime Protection Insurance Policy: Insured’s Loss Did Not Result Directly from the Use of Any Computer >

The State of Texas Voter ID Law Following the Texas NAACP v. Steen Opinion >

Duties Owed in the Attorney-Client Relationship >

Texas Supreme Court's Second Interpretation of the Scope of Chapter 95 (Property Owner Liability) >

Excess Insurance Company Subrogation Rights >

All-Damages Cap on Health Care Liability Wrongful Death and Survival Claims >

The Issue of Admissibility of Alcohol in Personal Injury Cases >

A Brief Summary of Recent FDA Compounding Pharmacy Guidance and Regulatory Activity >

Texas Supreme Court Limits Grounds to Vacate Arbitration Awards >

Connecting the Dots: Determining the Duty to Defend When the Facts Pleaded Fail to State a Compensable Claim Covered Under the Policy >

Unable to Pay for Arbitration? The 9th Circuit Says You Still May Have Fulfilled Your Duty to Arbitrate >

Who is a "Contractor" Under Chapter 95? >

Is a Denial a Waiver of the Appraisal Provision? >

Texas Supreme Court and Fifth Circuit Issue Flurry of Opinions Addressing Health Care Liability Issues >

Premises Liability vs. Safety Claim Against Healthcare Providers >

Recent Trends in Texas for Premises Liabilty Claims >

Texas Supreme Court Holds that Proprietary-Governmental Function Analysis Applies to Immunity Questions in Breach-of-Contract Suits >

Federal Circuit Update: Recent Cases on Patent Claim Construction >

Houston Fourteenth Court of Appeals Declines to Recognize an Extrinsic Evidence Exception for Duty to Defend >

How Does an Independent Contractor Become an Employee for Liability Purposes? >

Texas Supreme Court Changes Measure of Damages >

Permissive Interlocutory Appeals and Determining the Duty to Defend >

Court Holds in Favor of Law Firm After Client Goes Behind Its Back to Insurer >

Procedural Due Process in Consumer Healthcare Arbitrations in California >

Texas Supreme Court: Reviewing the 2014-2015 Term >

Recovery of Attorneys Fees for Breach of Contract in Texas >

Sheltered From the Storm: Cooper & Scully Attorneys Obtain Victory in High-Stakes Patent Litigation >

Attorney Immunity Wins Again >

Could Fitbits Become Expert Witnesses in the Courtroom? >

ERISA and Provider-Payor Prompt Pay Act Litigation Update >

The Basics of Cybersecurity Risks >

Worker's Compensation Lifetime Income Benefits Awards >

New Law Affecting Construction Defect and Design Claims for Condominiums >

Texas Legislative Update: Insurance Laws Passed During the 2015 Regular Session >

Recent Supreme Court Case Regarding Premises Liability: Austin v. Kroger Texas, L.P. >

Responding to Subpoenas for Mental Health Records in California >

Ross v. St. Luke's Episcopal Hospital - What Defines a Health Care Liability Claim? >

Fifth Circuit Sets Out a Prospective Standard for Compensation in Bankruptcy Cases >

Texas Supreme Court Addresses Arbitration Issues Involving AIA Contracts in Construction Defect Case >

Thoughts on Chapter 18 - Is it Doing What it Was Designed to Do? >

Texas Medical Liability Act & Preemption >

How The Actions of an Agent Can Bind a Principal >

The Basics of Surplus Lines Insurance >

The Appraisal Provision and Extracontractual Exposure >

Texas Supreme Court Interprets Concurrent-Causation-Clause in Insurance Policy >

The Pitfalls of Filing a Proof of Claim >

Dallas Court of Appeals Finds No Coverage Where Insured Failed To Allocate Damages For Covered Claims From Non-Covered Claims >

Can An Underlying Contract Impose Limits On The Coverage Available To An Additional Insured Under A Policy? >

Filing Frenzy: What the Bills Pending in the Legislature Say and Why They Matter to You >

Texas Supreme Court Revamps Law Regarding Admissibility of Seat Belt Evidence >

Spoliation of Evidence Doctrine: Video Evidence Update >

Premises Liability Update: When the Invitee is an Employee >

Social Media as Evidence >

Medical Liens >

2013-2014 Texas Supreme Court Update >

Six Months into the Mandatory E-Filing Roll-Out >

A Year After Lennar: Proceed With Caution - a Texas Lawyer article by R. Brent Cooper and Micah Dortch >

Fiduciary Claims in Partnerships and Corporations >

The Appraisal Process: Now We Understand >

Anti-Kickback and Stark >

Court Issues New Prompt Payment of Claims Decision in an Uninsured Motorist Case >

Insurers May Be Subject to Spoilation Sanctions Base on Pre-LItigation Actions >

Texas Supreme Court Rules Damages Covered Even if Loss Incurred After Policy Period >

Recent Texas Supreme Court Opinions Leave Significant Imprint on Health Care Litigation >

Notable 2012-2013 Texas Supreme Court Cases >

2013 Transportation Update >

New Insurance Code Provisions Change Required Coverage for Newly Acquired and Replacement Autos >

Are You Complying With the New Law on Certificates of Insurance? >

The Texas Anti-Indemnity Act and the Common Law: What Happens Next? >

Application of the Attorney Client and Work Product Privileges When a Party Seeks Recovery of Attorney's Fees >

Pharmacy Update: Recent Compounding Pharmacy Legal Developments >

Senate Bill 1567: The End Of Named Driver Policies? >

The Basics of Bring-Your-Own-Device >

Expanding TMLA to Cover Additional Employee Injuries >

Emerging Risks in Insurance: Cyberbullying >

California's Telehealth Laws - How They Apply to Physicians, Hospitals and Health Care Service Plans >

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" >

Read R. Brent Cooper's Latest Article in the Texas Lawyer "Burdens of Proof in Coverage Litigation" >

Read R. Brent Cooper's Latest Article in the Texas Lawyer "The Duty Not to Settle" >