Posts filtered by tags: Texas[x]


Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon

    The Texas Supreme Court found that Lloyd's endorsement imposing a cap on liability for a joint venture did not exclude coverage for defense costs.  Anadarko Petroleum Corp. v. Houston Cas. Co. et al. , 2019 Texas LEXIS 53 (Texas Jan. 25 2019j.     Pursuant to a joint venture agreement, Anadarko held a 25% ownership interest in the Macondo Well in the Gulf of Mexico. When the well blew out, numerous third parties filed claims against BP entities and Anadarko. Many of the claims were consolida...
Tags: Texas, Insurance, Bp, Deepwater Horizon, Gulf of Mexico, Gulf Oil Spill, Joint Venture, Lloyd, Anadarko, Texas Supreme Court, Anadarko Petroleum Corp, Duty to Defend, Tred Eyerly, Excess Coverage, Houston Cas Co, Macondo Well

Liabililty Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizen

    The Texas Supreme Court found that Lloyd's endorsement imposing a cap on liability for a joint venture did not exclude coverage for defense costs.  Anadarko Petroleum Corp. v. Houston Cas. Co. et al. , 2019 Texas LEXIS 53 (Texas Jan. 25 2019j.     Pursuant to a joint venture agreement, Anadarko held a 25% ownership interest in the Macondo Well in the Gulf of Mexico. When the well blew out, numerous third parties filed claims against BP entities and Anadarko. Many of the claims were consolida...
Tags: Texas, Insurance, Bp, Deepwater Horizon, Gulf of Mexico, Gulf Oil Spill, Joint Venture, Lloyd, Anadarko, Texas Supreme Court, Anadarko Petroleum Corp, Duty to Defend, Tred Eyerly, Excess Coverage, Houston Cas Co, Macondo Well

Podcast: Elsa Alcala says Texas death penalty unreliable; parsing new TX traffic-stop data; prospects for Lone-Star marijuana reform, and other stories

Here's the March 2018 episode  of the Reasonably Suspicious podcast, recorded last week on the SXSW Podcast Stage hosted by Cadence13. Former Texas Court of Criminal Appeals Judge Elsa Alcala was our special guest, focusing on junk forensic science and the death penalty.Here's what's on this month's show: Opening Riff Would permanently shifting to Daylight Savings Time reduce crime? Top Stories Prospects for marijuana reform in TexasNew data on use of force at Texas traffic stopsLegislative pr...
Tags: Amazon, Texas, Law, Alcala, Texas Legislature, Gritsforbreakfast, Elsa Alcala, SXSW Podcast Stage, Cadence13 Former Texas Court of Criminal Appeals, Texas Court of Criminal Appeals Death, Texas Public Information ActAs always Grits

CesiumAstro, MAP Health, StoryFit, Hatch Pitch & More Texas Tech

[ Updated 3/14/19, 1:53 pm CT. See below. ]  Another South By Southwest festival comes to a close in Austin. Let’s catch up with the highlights from the tech portion this year and other innovation news in Texas.—CesiumAstro, an Austin-based maker of antennas and communications systems for satellites, said it has raised $12.4 million in a Series A funding round. Airbus Ventures, the venture arm of plane-maker Airbus, led the round, according to a press release. Other investors were Kleiner Pe...
Tags: Apps, Publishing, Texas, Entertainment, China, Cancer, Funding, Los Angeles, Trends, Startup, Insurance, Tech, Investment, People, Vc, Artificial Intelligence

WIRTW #546 (the “Arrivederci” edition)

Today is good bye … but only for two weeks. My kids' school gives them that much time off for Spring Break each year. So we are headed to Italy. Rome and Florence to be precise. I'll be back on April 1 (no foolin') with some thoughts about what I learned on my Spring Break. In the meantime, if you have any last minute tips on what to do, see, or eat in either of these cities, drop a note in the comments below. Here's what I read this week: Discrimination Two-Percent, Schmoopercent — via Kate Bi...
Tags: Spotify, Texas, Law, Congress, Chicago, Ada, Florence, Harvard Business Review, Joe, Citrix, Jonathan, EEOC, NLRA, Eric Meyer, FLSA, Jon Hyman

Rental Agreements: Non Elder Elder Housing

My question involves landlord-tenant law in the State of: Texas Hi friends, my family and I are looking into housing options for my elderly mother, she is insistent upon not doing anything that involves care homes or nurses or even housing that is specifically for the elderly. My solution I think is that she get a two bedroom apartment and we find someone who is trustworthy and who can be bound by the lease to do certain things for her like go to the store and empty certain trashes and what hav...
Tags: Texas, Law, Landlord-Tenant Law

Making Beto seem like John Edwards....

Just remembered the last time a Conde Nast publication dressed a young Democratic hopeful in smart-casual workwear and posed them next to a dog and pickup truck in a cover story shot by Annie Leibovitz.— Freddie Campion (@FreddieCampion) March 13, 2019 Oh. My. God.— Freddie Campion (@FreddieCampion) March 13, 2019 ADDED: The Beto photo is much bettah. Humanizing politicians with a dog is so tired. Both men have a truck — are they guys who...
Tags: Texas, Law, White House, Conde Nast, Annie Leibovitz, Vanity Fair, BETO, Edwards, John Edwards, Ann Althouse, Beto O'Rourke

Beto's in.

"Beto O’Rourke, the 46-year-old former Texas congressman whose near-miss Senate run last year propelled him to Democratic stardom, announced on Thursday that he was running for president, betting that voters will prize his message of national unity and generational change in a 2020 primary teeming with committed progressives. His decision jolts an early election season already stuffed with contenders, adding to the mix a relentless campaigner with a small-dollar fund-raising army, the performati...
Tags: Texas, Law, Senate, Nyt, Biden, Vermont, Booker, BETO, Bernie Sanders, Trump, Sanders, Bernie, BBB, Ann Althouse, Joseph R Biden Jr, O'Rourke

"Former FBI lawyer Lisa Page admitted... that 'the FBI was ordered by the Obama DOJ not to consider charging Hillary Clinton for gross negligence in the handling of classified information'..."

"... [Texas Republican Rep. John Ratcliffe] alleged in a social media post late Tuesday, citing a newly unearthed transcript of Page's closed-door testimony..... 'So let me if I can, I know I’m testing your memory,' Ratcliffe began as he questioned Page under oath, according to a transcript excerpt he posted on Twitter. 'But when you say advice you got from the Department, you’re making it sound like it was the Department that told you: You’re not going to charge gross negligence because we’re t...
Tags: Texas, Law, Fbi, Hillary Clinton, Fox News, Donald Trump, Trump, Department, House Judiciary Committee, Obama Justice Department, Ratcliffe, Ann Althouse, Hillary's in trouble, Trump rhetoric, Obama DOJ, Trump troubles

The Real Immigration Problem

ICE had to simply drop off newly minted immigrants to a bus stop. Immigration officials dropped off about 50 more undocumented migrants, mostly from Central America, Friday morning at a Greyhound bus station near Phoenix Sky Harbor International Airport, where they were left to fend for themselves as overwhelmed volunteers sought help for them. [ … ] Since Dec. 21, according to the data, ICE has released 84,500 migrant family members. Of that, 14,500 have been released in the Phoenix area, 37,50...
Tags: Apple, Texas, White House, Immigration, America, Walmart, Military, United States, Tim Cook, San Diego, Wall Street Journal, Central America, Lindsey Graham, Trump, El Paso, Phoenix

Appellate Standing, Biosimilars, and the Federal Circuit

Guest post by Jonathan Stroud (Unified Patents) and Saurabh Vishnubhakat (Texas A&M Law).  After a long wait, the Federal Circuit last month decided Momenta Pharms. v. Bristol-Myers Squibb Co. (Fed. Cir. 2019), dismissing Momenta’s appeal of an adverse PTAB decision based on standing and mootness concerns.  (The PTAB had instituted Momenta’s petition for inter partes review of Bristol-Myers Squibb’s patent on certain formulations of an immunosuppressive agent, but ultimately sustained the paten...
Tags: Texas, Law, Congress, Uspto, Rpx, Fda, DuPont, Itc, AIA, Patent, Kennedy, Consumer Watchdog, Warf, Bms, Gkn, Mylan

Morning Docket: 03.11.19

* According to House Intelligence Chairman Adam Schiff (D-Calif.), special counsel Robert Mueller is making “a mistake” by not putting President Trump under oath for in-person testimony, since “he's made plain in the past [that] he feels it's perfectly fine to lie to the public.” [NBC News] * Per his lawyer, Covington Catholic student Nick Sandmann will be suing CNN for at least $250M because the news network was “probably more vicious in its direct attacks” than the Washington Post. [The Hill]...
Tags: Reality TV, Texas, Maryland, Law, Washington Post, Government, Cnn, Serial, Deaths, Women's Issues, Donald Trump, Adnan Syed, Law Schools, Sxsw, Trump, Reuters

Modification of Support: Ordered to Pay Child Support but My Son Lives with Me

My question involves a child custody case from the State of: Texas So I was served some court documents recently and I have no idea what they mean, I was wondering if you of you guys could help me out. First off I'll start with some background on the case, then I'll post the documents I received, then I'll post some questions I have about them. BACKGROUND: So back in 2011 my son lived with his mom and we went to court for child support. I was ordered to pay every month. About two months later ...
Tags: Texas, Law, Colorado, Child Custody, Support And Visitation, Colorado So

New reports show Austin police use force at traffic stops much more often than other agencies

Austin police are more likely to use injury-causing force against drivers they pull over than any other large Texas jurisdiction, according to new "racial profiling" data reports out this month from law-enforcement agencies around the state. Go here to look up reports from various departments, which agencies were required to submit to the state by March 1st.These are called "racial profiling" reports because documenting racial discrimination was their original purpose when they were mandated in ...
Tags: Texas, Law, Austin, Houston, San Antonio, Odessa, Denton, Beaumont, Midland, Arlington, Waco, Corpus Christi, Lewisville, Gritsforbreakfast, John Whitmire, Garnet Coleman

Sexual harassment victims can still deduct legal fees

Part of today's International Women's Day celebrations are for the continuing employment advances by women. Our 21st century progress is due in large part to the pivotal roles of female employees in traditionally male jobs, like this woman machining parts for transport planes at the Consolidated Aircraft Corporation plant in Fort Worth, Texas, in 1942. (Photo via Wikimedia Commons) Back in 2017 when Congress was formulating the comprehensive tax law changes that would become the Tax Cuts ...
Tags: Politics, Texas, Taxes, Law, Sexual Assault, Congress, Time, Harvey Weinstein, Sexual Harassment, Irs, International Women's Day, Tax Reform, Fort Worth Texas, Senate Finance Committee, Internal Revenue Service, NDA

Symposium: The “intensely factual” question of physicians’ admitting privileges

Robin Fretwell Wilson is the Roger & Stephany Joslin Professor of Law and Director of the Epstein Health Law & Policy Program at the University of Illinois College of Law. Last month I lost someone close to me after an infection that began as double pneumonia ravaged her body. In the space of a day, a mother of nine in the prime of her life slipped away. It was so improbable. So permanent. And if that loss was not tragedy enough, the husband she left behind contracted MRSA, an antibiotic-resista...
Tags: Health, Texas, Featured, Supreme Court, Law, Cdc, America, Catholic, Louisiana, DOE, Centers For Disease Control And Prevention, U S Court of Appeals, Kavanaugh, Hellerstedt, 5th Circuit, Louisiana Texas

Filtering Software Defeats Another Lawsuit–PC Drivers v. Malwarebytes

Unlike shady software, this is a good PUP. by Anik Shrestha, I blogged about this case in September. PC Drivers makes software that claims to help speed up users’ computers. Malwarebytes blocked it as a “potentially unwanted program,” or PUP. Litigation ensued. In the prior ruling, Malwarebytes won big, but then unexpectedly asked the judge to transfer the litigation from Texas to California rather than close out the case with a judge who already supp...
Tags: Texas, Law, California, Kaspersky, Enigma, Trademark, Malwarebytes, Ninth Circuit, Derivative Liability, Bleeping, Zango, Adware/Spyware, Malwarebytes Inc, Anik Shrestha, PC Drivers Headquarters LP, Malwarebytes Message Board Operator

A tale of two approaches to Texas property-theft thresholds

A pair of bills heard in two Texas House committees this week demonstrate opposing philosophies when it comes to incarcerating people for low-end property theft.At Monday's Texas House Criminal Jurisprudence Committee hearing, state Rep. Gene Wu, a Houston Democrat, proposed HB 760 making theft of packages delivered to someone's front porch an automatic state-jail felony, even if the value of the stolen items were just a few dollars. Wu said this was justified because going onto someone's porch ...
Tags: Texas, Law, Houston, Don, Plano, Wu, Shaheen, Texas House, Texas Public Policy Foundation, Gritsforbreakfast, Texas House Criminal Jurisprudence Committee, Matt Shaheen, Konni Burton, Andrew Murr, Gene Wu, Sen Konni Burton

Symposium: June Medical should be summarily reversed

Jonathan B. Miller is Chief of the Public Protection & Advocacy Bureau in the Office of the Massachusetts Attorney General. The views expressed here do not necessarily represent the views of the Massachusetts Attorney General or the Office. June Medical Services, LLC v. Gee potentially presents an opportunity for the newest lineup of the Supreme Court, including Justice Brett Kavanaugh, to revisit constitutional protection of abortion. In a move that surprised many, the justices stayed the U.S. ...
Tags: Health, Texas, Featured, Supreme Court, Law, Massachusetts, Citizens United, Medicare, Louisiana, Trump, John Roberts, Centers for Medicare, Medicaid Services, U S Court of Appeals, Federal Election Commission, Bullock

Houston-Area Suburbs Now Suffering From Feral Hogs

Houston Chronicle: If you have noticed more feral hogs in your Houston-area neighborhood recently, you are not alone. Neighbors across the Greater Houston report the wild animals are more frequently making their way into their subdivisions and streets, leaving properties destroyed in their wake. The Houston area is not unfamiliar with the battle between feral hogs and residents; last year the Chronicle reported hogs were disrupting neighbors in Liberty and San Jacinto counties; taking over  Spr...
Tags: Texas, Animals, Military, Alaska, Houston, Moose, South, State, Houston Chronicle, San Jacinto, Chronicle, Texas Parks and Wildlife Department, Feral Hogs, Greater Houston, Spring Tomball, Texas A M Natural Resources Institute

TX marijuana reform news, notes, and questions

Grits' analysis of prospects for marijuana penalty reform haven't changed since the beginning of the legislative session. Full-blown Colorado-style legalization is off the table this year, but penalty reduction for user-level marijuana possession has an excellent chance.The Republican Party in its platform has endorsed one proposal making possession of up to one ounce of marijuana a civil penalty, a measure embodied in Speaker Pro Tempore Joe Moody's HB 63, which received an early hearing this w...
Tags: Texas, Law, Senate, Gop, House, Republican Party, San Antonio, Abbott, TX, Texas Department of Public Safety, Moody, Texas Tribune, Dan Patrick, Dallas County, Express News, Gritsforbreakfast

Symposium: On a petition that does not exist

Kyle Hawkins is the solicitor general of Texas. SCOTUSblog has asked me to assess whether the Supreme Court should grant a cert petition that does not exist. That petition, should it ever come to be, would probably be styled June Medical Services, LLC v. Gee, though we can’t be 100 percent sure until we see it. It presumably would be about a Louisiana law that, operating within the confines of the Supreme Court’s 2016 decision in Whole Woman’s Health v. Hellerstedt, requires abortion providers t...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, U S Court of Appeals, Casey, Hellerstedt, 5th Circuit, Merits Cases, Whole Woman 's Health, Southeastern Pa, Planned Parenthood of Southeastern Pennsylvania, Brett Kavanaugh, Kyle Hawkins

Symposium: In the Louisiana abortion case, maybe the best defense is a good offense

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University. He blogs at . Chief Justice John Roberts surprised some observers when he joined his four more liberal colleagues to grant a stay of the decision by the U.S. Court of Appeals for the 5th Circuit in . The stay blocked Louisiana’s law requiring doctors performing abortions to have admitting privileges at local hospitals. The petitioners argued that the Louisiana law was substantially similar to the Tex...
Tags: Health, Texas, Featured, Supreme Court, Law, Senate, Court, Mitch McConnell, Nebraska, Knox, Louisiana, SEIU, Cornell University, Trump, Antonin Scalia, John Roberts

Symposium: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Woman’s Health

Catherine Glenn Foster is the president and chief executive officer of Americans United for Life. The U.S. Supreme Court’s last pronouncement on abortion came in 2016, in the jurisprudential netherworld between the death of Justice Antonin Scalia and the appointment of Justice Neil Gorsuch. Whole Woman’s Health v. Hellerstedt invalidated portions of Texas’ HB 2, including a requirement that doctors performing abortions maintain patient-admitting privileges at a hospital within 30 miles of their ...
Tags: Health, Texas, Featured, Mississippi, Supreme Court, Law, Planned Parenthood, Wisconsin, Louisiana, Antonin Scalia, John Roberts, Scalia, The Supreme Court, Baton Rouge, U S Court of Appeals, Stephen Breyer

Symposium: The rule of law is at stake — the Supreme Court must take June Medical Services v. Gee and uphold the right to abortion

Fatima Goss Graves is the president and CEO of the National Women’s Law Center. June Medical Services v. Gee – the outrageous decision by the U.S. Court of Appeals for the 5th Circuit upholding an anti-abortion Louisiana law – is not just a threat to access to healthcare, but a blatant disrespect of legal precedent and the rule of law. The Louisiana law is identical to – and in fact was modeled after – a Texas law that the Supreme Court struck down in 2016. If the Supreme Court truly wishes to p...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Roe, U S Court of Appeals, Clarence Thomas, Samuel Alito, Hellerstedt, 5th Circuit, Fatima Goss Graves, Whole Woman 's Health, June Medical Services, Brett Kavanaugh

Abortion could return to the Supreme Court: In Plain English

In 2016, Justice Anthony Kennedy provided the fifth vote to strike down a Texas law that required doctors who perform abortions to have “admitting privileges” – the right to admit patients – at a local hospital. But Kennedy retired last year. So when two doctors who perform abortions, along with an abortion clinic, came to the Supreme Court in January, asking the justices to bar Louisiana from enforcing a similar law, many court-watchers saw the case as a bellwether for the Supreme Court’s abort...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Roberts, Howe, Anthony Kennedy, Kavanaugh, Merits Cases, Supreme Court They, Brett Kavanaugh, Clarence Thomas Samuel Alito Neil Gorsuch

Texas Is Latest State To Adopt Duty Of Technology Competence

A big space just got filled in on my map of the states that have adopted the ethical duty of technology competence for lawyers, as Texas becomes the 36th state to do so. On Feb. 26, 2019, the Supreme Court of Texas entered an order amending Paragraph 8 of Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct. The amended comment now reads (emphasis added): Maintaining Competence 8. Because of the vital role of lawyers in the legal process, each lawyer should strive to become and rema...
Tags: Texas, Supreme Court, Law, American Bar Association, Bob Ambrogi, Supreme Court of Texas, Tech Competence, Committee on Disciplinary Rules, CDRR

Funding needed to bolster Office of Capital and Forensic Writs

My Reasonably Suspicious podcast co-host, Amanda Marzullo, who is the executive director of the Texas Defender Service, asked me to publish this guest blog post she authored advocating for expanded resources for the Office of Capital and Forensic Writs. Give it a read:Members of the Senate Finance Committee’s Article IV Subcommittee should take a lead from their counterpart committee in the House  and adequately fund the Office of Capital and Forensic Writs (OCFW), which has been under-resourced...
Tags: Texas, Law, Austin, House, Dallas, Senate Finance Committee, Lubbock, Gritsforbreakfast, Forensic Science Commission, Texas Defender Service, Hinojosa, Office of Capital, Amanda Marzullo, OCFW, Regional Public Defender for Capital Cases

Pot debate at #txlege launches early, Soldiers as cops?, Tailoring corrections practices to women prisoners, and other stories

At the Texas Legislature this week, criminal-justice bills are finally being heard, although not yet in all committees, and all on the House side. Most of the major legislation remains to be seen; some of it has yet to be filed. Excepting marijuana discussions described below, all the biggest #cjreform debates of the session are all yet to come. But here are a few mostly-small bills up in committee this week that deserve Grits readers' attention: Marijuana reform debate launches early This after...
Tags: Amazon, Texas, Law, Gop, House, Republican Party, Greg Abbott, Legislature, Plano, Moody, James White, Wu, Texas Legislature, Juvenile Justice, Gritsforbreakfast, TDCJ

Traffic Accidents: Loss of Use - Reasonable Substitute Car Value

My question involves an injury that occurred in the state of: Texas Hi, i recently had a car accident and i was lucky:-) because other driver accepted his fault and his insurance company paid for my car repair. Thank you Insurance Company. But my car repair took about 20 days so i submitted Loss of Use claim to the same driver's at-fault insurance company and sent them multiple quotes from and showing rental value of the can similar to mine. The price was around 70$ pe...
Tags: Texas, Law, Austin, Avis, Toyota, Accidents and Injuries, Isaac, Mondragon, Pasadena State Bank

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