Author Archives: Jay Butchko
A Closer Look at Arbitration Clauses in Business Contracts
Arbitration clauses have long been a regular part of business contracts because they are assumed to make resolving business disputes easier and cheaper—but is that always the case? Below, we discuss both the advantages and drawbacks to including arbitration clauses in business contracts. The Benefits of Arbitration Clauses One of the main benefits of… Read More »
Sexual Misconduct Claims & Insurance Defense
In March, insurance companies involved in providing Harvey Weinstein with insurance refused to pay for his legal defense involving accusations and sexual harassment and sexual assault. In what may perhaps be a new type of insurance defense case, Chubb Indemnity Insurance Co. and several other units have specifically asked a state supreme court to… Read More »
Jury Unanimously Clears Michelin in Texas Products Liability Case
In February, a Texas jury unanimously exonerated Michelin North America, Inc. in a product liability lawsuit involving the alleged failure of a BF Goodrich “Rugged Trail T/A” tire. This marks the third product liability claim that Michelin has successfully defended within the last three years. The lawsuit was filed in 2014 in the 43rd… Read More »
The Joint Employer Rule Is Back: How This Will Affect Corporate Liability
Recently, the National Labor Relations Board (NLRB) reinstated an Obama-era rule which vastly expanded corporate legal liability; a rule known as the “joint employer” rule. In a nutshell, the rule effectively expands the ability for one business to be held legally liable for the workplace policies at another business, particularly in instances of franchises,… Read More »
Service of Process on Social Media?
When a plaintiff files a civil lawsuit in Brownsville or anywhere else in Texas, the Rules of Civil Procedure require that a defendant be personally served with the Complaint. This is known as “service of process.” Unfortunately, service of process can get complicated if there is multi-party litigation or an out-of-state or international party… Read More »
Strategies for Removing a Product Liability Lawsuits to Federal Court
It is no secret that plaintiff’s attorneys often engage in blatant forum shopping in the hopes of filing a product liability or other tort claim in a “friendly” jurisdiction more likely to award their client, or clients, a large sum via a jury verdict. As a result, your Brownsville defense team needs to be… Read More »
Viability of a Post-Injury Waiver as a Defense to a Tort Claim
One of your employees claims they were injured while at the workplace. Immediately, your mind is likely inundated with thoughts of liability, insurance, and litigation. But what if the employee signs a waiver of liability, post-injury? Is this considered a valid, enforceable waiver under Texas law? The answer is – quite possibly. The Case… Read More »
Insurance Coverage For Negligent Acts Of Employees And Other Business Personnel
If you own a business, there is a good chance you have an insurance policy to help limit your liability exposure if a customer or other individual files a civil claim against you due to the negligent acts of an employee. For example, many business owners carry some form of general liability coverage that… Read More »
Understanding How Texas Courts Treat Email in Civil Litigation
The judicial system in Texas, and across the country, is not typically known for being on the forefront of radical change or cutting-edge technology. A prime example is how the Texas Rules of Civil Procedure treated emails. Prior to 2014, email was not a recognized form of communication under the Texas Rules of Civil… Read More »
Texas Supreme Court Holds Loss of Use Damages Award Valid
For many years, the legal principle in Texas civil courts was that a damages claim alleging loss of use was not recoverable when the property alleged to lack any use was destroyed. However, the Texas Supreme Court turned this precedent upside down in a 2016 case. See J&D Towing, LLC v. Am. Alternative Ins…. Read More »