Have you ever heard of people jail breaking their phone? Some people jail break the phone so that they can “unlock” it and then switch the phone to different phone carriers. I have and love my iphone, but I am not a cell phone guru, so the first time that I really heard about unlocking of phones… Continue Reading »
Obama Administration (through the U.S. Department of Health and Human Services) releases proposed new rules on Friday, February 1, 2013, regarding what faces religous employers as they fight a battle at the United States Supreme Court regarding the requirements of providing free birth contral under the federal health care act. Certain religion based employers have been concerned about how the… Continue Reading »
On January 17, 2013, the Federal Fifth Circuit affirmed a summary judgment against an insured, Mr. Reeder, for his mistake of keeping his insurance company in the dark. Jamestown Insurance Company, the insurer, argued on appeal that because of the conduct of Mr. Reeder, their insured, Jamestown Insurance Company was not required to defend or indemnify… Continue Reading »
Many Texas Contracts have condition precedent language in them and recognizing your obligations or the other party’s obligations to perform a condition precedent is important to understanding the duties of the parties to perform under the contract. When a condition precedent is nor performed by one party, it can sometimes excuse the other party from performing at all. As… Continue Reading »
As we all wait in anticipation to see the million dollar commercials and whether the Baltimore Ravens or the San Francisco 49ers will take home the ultimate NFL prize, the NFL is getting some press for a different reason that is much less pleasant. On January 23, 2013, Junior Seau’s family and estate sued the NFL… Continue Reading »
Imagine that your client is on trial for a felony offense and the judge is texting questions to the assistant prosecutor. The Houston Chronicle reported that State District Judge E. Coker is accused of sending text messages from the bench to an assistant district attorney during a criminal trial. Ethical rules prevent a judge from… Continue Reading »
Why has Justice Thomas maintained silence during oral argument before the Supreme Court for more than 7 years? Justice Thomas himself has reportedly said that he is silent out of simple courtesy. Last year according to the Wall Street Journal, Justice Thomas said that “when someone is talking, somebody ought to listen.” However, on January… Continue Reading »
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 »
Mediation is often thought of only as an effective resolution to settling lawsuits. However, this is only one use for mediation and every day there is potential alternative dispute resolution scenarios in the workplace when there are disputes between employees, between supervisors and employees, between upper management and lower or middle management. How many times… Continue Reading »
Watching Lance Armstrong’s interview tonight was somewhat shocking even though many of us had already heard that it would be some type of confession. He flat out admitted to doping during pre-2005 cycling races and Tour de France races. This must come as some validation to the governing body of cycling named the Union Cycliste Internationale (UCI) who stripped Lance of… Continue Reading »
