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6 Mar 2015, 12:53 pm
ARBITRABILITY OF HEALTH CARE LIABILITY CLAIMS IN TEXAS: FAA PREEMPTION AND MFA REVERSE PREEMPTION IN THE MED-MAL CONTEXT In an opinion released today, the Texas Supreme Court holds that the federal law that accords states the right to regulate the business of insurance (McCarran-Ferguson Act) does not furnish an exception to the general principle that the FAA (Federal Arbitration Act) preempts the TAA (Texas Arbitration Act) and other state arbitration laws when the two conflict, where the… [read post]
18 Jan 2013, 2:56 pm
I should state at the start that I am relying on the facts of the case entirely as they have been briefed and reported in the media; I have had no access to any information about the case that isn't already public. [read post]
12 Apr 2018, 7:01 pm
However, the risk of enforcement is particularly acute for businesses in the following industries, designed for heightened enforcement and other attention as “Low Wage High Violation Industries” based on their particularly high record of noncompliance: Agriculture, Amusement, Apparel Manufacturing, Auto Repair, Child Care Services, Construction, Food Services, Guard Services, Hair, Nail & Skin Care Services, Health Care, Hotels and Motels, Janitorial… [read post]
30 Oct 2023, 8:51 am
Here is my annual list of Halloween torts and crimes. [read post]
30 Oct 2022, 10:01 am
Here is my annual list of Halloween torts and crimes. [read post]
29 Mar 2023, 6:41 am
We have constructed a chronology of events involving these alleged “hush money payments. [read post]
25 Jan 2012, 1:26 pm
"In the next few weeks, I will sign an executive order clearing away the red tape that slows down too many construction projects. [read post]
21 Feb 2020, 10:37 am
Texas Supreme Court continues to exempt an entire industry (the legal profession) from civil liability; lets attorneys and law firms profit from lawsuits brought to hold them accountable for wrongdoing. [read post]
22 Jan 2023, 6:59 pm
Determination of Proper Entity as Decision Maker Unlike the Court of Chancery, the Supreme Court found both the Partnership Agreement and the LLC Agreement, when read together, to be unambiguous, reasoning that words are not surplusage if there is a reasonable construction which will give them meaning, and noting the truism that simply because the parties disagree on the meaning of a term does not render that term ambiguous. [read post]
2 Jan 2018, 5:08 pm
The world of directors’ and officers’ liability is always dynamic, but 2017 was a particularly eventful year in the D&O liability arena. [read post]
9 May 2024, 2:00 pm
The Arizona firm waited for their bank’s notification that the check they received from the “debtor” was valid before issuing payment to “Groat Machinery, Inc. [read post]
10 Jul 2024, 8:25 am
The Arizona firm waited for their bank’s notification that the check they received from the “debtor” was valid before issuing payment to “Groat Machinery, Inc. [read post]
28 Jan 2011, 1:04 pm
New York Nova Science Publishers, Inc., 2007. [read post]
24 Mar 2010, 1:55 pm
Record the condition of the street (wet, dry, under construction, lots of gravel, big potholes) and signs restricting the free flow of traffic. [read post]
27 Jul 2010, 5:12 am
Home Construction Index gained 2.9 percent. [read post]
8 Feb 2015, 2:30 pm
Each of these three suggestions is valuable and constructive, and worthy of an independent paper. [read post]
4 Nov 2022, 4:00 am
In short, there is a real risk that in attempting to construct a judicial decision that is more enticing to readers, the judge ends up confusing at least some and makes the decision more, rather than less, labourious to understand. [read post]
11 May 2011, 6:59 am
I’m not imagining things, am I? [read post]
8 Feb 2015, 2:38 pm
Each of these three suggestions is valuable and constructive, and worthy of an independent paper. [read post]
9 Jan 2024, 12:05 pm
State Rifle & Pistol Ass'n, Inc. v. [read post]