TX LEGAL EDGE

Author Archives

1

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 »

1

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 »

1

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 »

1

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 »

48

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 »

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 »

1

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 »

55

Tips to Finding a Resolution For Scent Disabilities

Carol Keough May 20, 2013

Everyday somewhere in the United States an employee asks his employer for a reasonable accomodation under the Americans with Disabilities Act (ADA).  When the Act was amended, disabilities were more broadly interpreted to include employees who have allergic reactions including breathing and coughing problems when exposed to a variety of fragrances or other chemical scents… Continue Reading »

51

Hot Rods, Loud Noise and Event Thrills – Risk of Liability?

Carol Keough April 30, 2013

While I was sitting at the Spring Nationals of the National Hot Rod Association ( NHRA) at the Purple Raceway in Baytown Texas, I wondered as the cars revved up their engines to extremely high decibals who has liability for potential hearing injury to the 200,000 spectators, many of whom appeared to be oblivious to… Continue Reading »

47

Investigating Supervisor Wrongdoing

Carol Keough April 12, 2013

One of the biggest mistakes that an employer can make is failing to conduct a fair and unbiased investigation when a supervisor is accused of wrongdoing by an employee.  In many years of consultations with employers, I have found that companies often rely on Human Resources to provide the unbiased review of supervisor conduct to… Continue Reading »

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