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In order to save lives and target “employers who repeatedly choose to put profits before their employees’ safety, health and wellbeing[,]” the Department of Labor recently announced that OSHA Regional Administrators and Area Office Directors now have the authority to cite certain types of violations as “instance-by-instance citations“.  These citations apply to cases where the Agency identifies “high-gravity” serious violations of OSHA standards specific to certain conditions.  Those conditions might include lockout/tagout, machine guarding, permit-required con

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

What happens when an insurer does not act reasonably in deciding whether to settle a claim within policy coverage and policy limits?  A federal jury in Houston recently delivered a verdict finding that a primary liability insurer breached its so-called Stowers duty, absolving the excess insurer of any responsibility for an $11.2 million verdict in the underlying liability action. In Westport Insurance Corp. v. Pennsylvania National Mutual Insurance Co., Westport, the primary professional liability insurer for an insurance agency, Insurance Alliance, sought to have the agency’s umbrella insu

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.

On January 1, 2023, we welcomed Matthew Rindt as a partner of Gerstle Snelson.  Matthew practices construction and professional liability law in the Dallas office of our firm.  To let you get to know Matthew a little better, we asked him a few questions.  He was mostly responsive. 1. Why did you choose to practice law? Graduating with an English degree tends to cull down perspective careers post-graduation. I considered becoming a professor or going into marketing. My junior year of undergrad, I worked for a construction lawyer in El Paso, Michael Stell, who was a fantastic attorney and bec

The Texas Legislature has started its 88th Regular Session and as of January 23, 2023, more than 2,150 bills and joint resolutions have been filed.  We examine a few bills that are of particular interest to the design and construction industry. SB 283 – Relating to requiring workers’ compensation coverage for employes of building and construction contractors and subcontractors Summary: Would require all contractors and their subcontractors for a public work project to be covered by workers compensation insurance. HB 1054 – Requiring classification of certain construction workers with th