TX LEGAL EDGE

Category Archives: Texas

Labor and Employment Law, Texas, Trending
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Uber Drivers are Independent Contractors – NLRB and Department of Labor Weigh In

Carol Keough May 15, 2019

An Advice Memorandum from the Associate General Counsel from the National Labor Relations Board (General Counsel) issued on May 14, 2019 concluded that UberX and UberBlack drivers were independent contractors by applying a common-law agency test.  In an opinion letter from the Department of Labor (DOL) issued on April 29, 2019, the Department of Labor… Continue Reading »

Commercial Litigation, Texas
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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 »

Business Law, Commercial Litigation, Texas, U.S.
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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 »

Business Law, Commercial Litigation, Labor and Employment Law, Texas, U.S.
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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 »

Commercial Litigation, Labor and Employment Law, Texas, U.S.
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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 »

Commercial Litigation, Texas, U.S.
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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 »

Business Law, Commercial Litigation, Texas
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Tick Tock: Statute of Limitations for Contract Lawsuits

Carol Keough 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 »

Commercial Litigation, Labor and Employment Law, Texas, U.S.
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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 »

Texas, Trending
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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 »

Technology Law, Texas
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Opinionated Online Users Risk Defamation Lawsuits

Carol Keough April 20, 2013

Remember back to when your Mom would say, “if you don’t have anything nice to say, then don’t say anthing at all.”  Well that key advice is still relevant and applicable today, especially in the world of social media.  Facebook posts, twitter, blogs and anonymous posting sites are like honey to a bee when it comes to the… Continue Reading »

Texas

Employment Law

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