Dallas Austin

What effect does limiting the amount of required insurance in a construction contract have on an insurer writing umbrella coverage?  The Texas Supreme Court recently considered this issue, answering that the limitation was not incorporated into the umbrella policy and was of no effect. The Court was very familiar with facts of the underlying dispute, ExxonMobil v. National Union Fire Insurance Company of Pittsburgh, PA, as it was the second coverage dispute the Court had heard and decided involving the same incident.  Exxon retained Savage Refinery Services (Savage) to perform work at Exxon&

How is evidence of a so-called white collar crime relevant to determining whether someone us guilty of an unrelated murder?  The trial judge in the South Carolina murder trial of Alex Murdaugh provided a roadmap. Murdaugh was on trial for the murder of his wife and son in June 2021.  However, a significant portion of the testimony concerned Murdaugh’s alleged financial crimes. Jurors heard days of testimony about Murdaugh, a former personal injury attorney, stealing settlement funds from clients and his former law firm. Prosecutors argued that Murdaugh’s financial crimes were coming to l

Several new bills affecting the construction industry have been filed in the Texas Legislature’s current session, some of which have been filed and are in the process of being referred to committees. H.B. 2310 by Representative Canalas would require a plaintiff in a commercial construction defect cases, at the time the lawsuit it filed, to attach a sworn verification describing with particularity the alleged defects and the factual basis for why each defendant’s work is implicated.  If the pleading is insufficient, the defendant can ask that the lawsuit be dismissed. If the court finds th

What happens when an appeal is taken on the largest personal injury verdict for actual damages in Texas history?  We may never find out. In October of 2021, a jury in Harris County reached a verdict in the matter of Cruz v. Allied Aviation. Cruz was a United Airlines ramp service agent serving as a pedestrian wing walker on the tarmac of George Bush Intercontinental Airport. While working, Cruz was hit by an Allied Aviation refueling van on the tarmac and was paralyzed. During his time in the hospital, Cruz suffered a stroke because of his injuries and a preexisting condition and lost the abi

Is an employer vicariously liable for a catastrophic car accident when an employee is “coming-and-going” to work?  The Texas Supreme Court recently reaffirmed the general rule and clarified the limits of the “special mission” exception. In Cameron Int’l Corp, an oilfield worker, Mueller, completed his shift with Cameron Int’l Corp. Mueller had been assigned to the “Blue Marlin” jobsite by a contract agency looking for labor to assist Cameron with their operations. Mueller’s supervisor asked him to stay on voluntary standby for potential work at a different site the next day.