TX LEGAL EDGE

Fifth Circuit

63

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 »

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 »

44

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 »

44

Fired Employee loses to Employer on Arbitration Clause

Carol Keough April 2, 2013

Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors).  Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program).  At some point Nabors fired Mr. Klein.  Believing that he was fired… Continue Reading »

62

Employee Waiver of Class Actions in Arbitration Agreements

Carol Keough February 12, 2013

On February 4, 2013, the Fifth Circuit heard argument on whether the National Labor Relations Board (NLRB) correctly ruled on January 6, 2012,   that D.R. Horton violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration agreement which waived the rights of its employees to participate in collective or class actions.   D.R…. Continue Reading »

43

Insurers and Construction Companies Wait for Texas Supreme Court to Weigh in on Ewing Case

Carol Keough January 24, 2013

The Fifth Circuit has certified questions to the Texas Supreme Court in Ewing Construction Co. v. Amerisure Ins. Co., 2012 WL 3205557 (Fifth Circuit, August 8, 2012) which remain unanswered as of this date. At issue is whether the “contract exclusion” in the standard Commercial General Liability (CGL) insurance policy excludes coverage for faulty construction… Continue Reading »

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