TEXAS UPDATE!
Federal Safety Standards Preempt Texas Common Law Design Defect Claims: On April 18, the Texas Supreme Court decided a significant products liability case holding that federal safety regulations, such as those promulgated by the Consumer Product Safety Commission, preempt state common law design defect claims which would impose a higher… continue reading...
TEXAS UPDATE!
Last Friday, the Texas Supreme Court ruled for the first time that a plaintiff could recover attorney’s fees in a breach of express warranty action against a contractor. Medical Center Dallas Ltd sued Carlisle Corp for breaching its written warranty of roofing materials against premature deterioration. The jury awarded Medical… continue reading...
RESPECT THEM LIENS
Last Friday the Texas Supreme Court held a workers’ compensation carrier is entitled to first money recovered by an injured worker from a third party tortfeasor despite efforts to settle around the carrier by the attorney for the survivors of the deceased employee and his estate. Charles Ledbetter was electrocuted… continue reading...
TEXAS UPDATE!
THIS MORNING, A SHARPLY DIVIDED TEXAS SUPREME COURT REVERSED ITSELF and held that excess insurers that disputed policy coverage but settled a claim against an insured don’t have a right to reimbursement for the settlement costs from the insured if the policy does not grant that right. All Texas defense… continue reading...