TX LEGAL EDGE

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U.S. Supreme Court rules to Protect Privacy Rights with Smart Phone Searches

Trisha Barita June 25, 2014

On the issue of privacy, there is always a balance to be struck between what sacrifice must be made in order to continue to maintain and protect our right to privacy.  The U.S. Supreme Court expressed an opinion today that law enforcement’s ability to search through cell phones they obtain during an arrest is not… Continue Reading »

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Defective Tennis Court Not Excluded Under CGL Policy

Carol Keough February 21, 2014

The Texas Supreme Court concluded that damages caused by the defective work of Ewing Construction Company in constructing tennis courts for a school district was not excluded from coverage by the contractual liability exclusion in a CGL policy.  The Fifth Circuit certified a question to the Supreme Court in Ewing v. Amerisure, 2014 WL 185035… Continue Reading »

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INSURANCE POLICIES – TIMING CAN BE EVERYTHING IN COVERAGE DISPUTES

Carol Keough July 16, 2013

Every business operates by using contracts or agreements to sell or purchase goods and services.  When the business wants to know the terms of the deal with a vendor or professional, the business looks to the agreement between the two parties.  Insurance policies are contracts.  The policy describes the deal between the insurer and the… Continue Reading »

4

Supreme Court Ruling on Class Action Arbitration

Carol Keough June 25, 2013

In a world where litigation can extend out over many years and costs may exceed hundreds of thousands of dollars, arbitration has often been an attractive alternative to a lawsuit.  The Supreme Court on May 10, 2013, in Oxford Health Plans v. Sutter (US Supreme Ct 06/10/2013) upheld the right of the arbitrator to determine… Continue Reading »

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Arbitration or Lawsuit – Employment Disputes – Where Will Your Business Be?

Carol Keough June 20, 2013

The business owner can often make the choice between arbitration or lawsuit.  Where do you want to be if there is a dispute with one of your employees?  In litigating employment cases, I have stood before a jury of twelve people and watched their reaction to the story of an employee who was allegedly terminated… Continue Reading »

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The Runny Egg Saga

Carol Keough June 6, 2013

The Fifth Circuit Court of Appeals on May 17, 2013 decided whether the Department of Human Services (DHHS) decision could stand that smeared egg yolk on a plate meant eggs were unsafe to serve to elderly residents.  In employment law and many other areas of federal law, the Code of Federal Regulations (CFR) is like… Continue Reading »

4

Corporate Disaster? – Taco Bell Employee Licking Taco Shells

Trisha Barita June 5, 2013

First off, I love tacos and they are a Texas staple that can be found all over from the taqueria stands, fancy food trucks to the tons of Tex-Mex Restaurants. That being said, it’s a bad week for taco shells.  Taco Bell is in the news for the alleged Taco Bell taco shells that were photographed being licked by… Continue Reading »

3

Terminating Female Employee for Pumping Breast Milk Is Sex Discrimination

Carol Keough May 31, 2013

Both Title VII and the Pregnancy Discrimination Act (PDA) prevent an employer from firing an employee for pumping breast milk during working hours according to a new decision from the Fifth Circuit Court of Appeals decided on May 30, 2013, called EEOC v. Houston Funding II.  The Equal Employment Opportunity Commission (EEOC) brought suit against Houston… Continue Reading »

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Be Proactive When Some Claims Are Not Covered by Insurance

Carol Keough May 30, 2013

The company has been sued.  The claim is turned over to the company insurer.  A letter arrives from the insurer which tells the company that some claims are covered and some may not be covered.  This letter is called a Reservation of Rights letter.  The purpose is to put the company on notice that the… Continue Reading »

4

Tick Tock: Statute of Limitations for Contract Lawsuits

Trisha Barita May 29, 2013

Contracts are an inevitable part of business and if you deal with alot of contracts in your business, at some point you will likely experience a contract dispute with the other party.  So what are your options to sue them?  How long do they have to sue you?  In Texas, most actions for breach of… Continue Reading »

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