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Blog
October 2
2013
2013
Fifth Circuit: non-subscriber can’t always escape liability based on employee’s knowledge of defect; affirms summary judgment on gross negligence.
In Randy Austin v. Kroger Texas, L.P., Case No. 12-10772 (5th Cir. Sept. 27, 2013), the United States Court of Appeals for the Fifth Circuit held that a non-subscriber employer cannot escape liability based solely on an employee’s knowledge of … Read full post…
Author Kenneth Engerrand
Tags "No Duty" Rule / Fifth Circuit / Gross Negligence / Nonsubscriber / Premises Liability / Texas / Workers' Compensation
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Tags "No Duty" Rule / Fifth Circuit / Gross Negligence / Nonsubscriber / Premises Liability / Texas / Workers' Compensation
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April 30
2013
2013
January 14
2013
2013
Texas Supreme Court – Due Diligence Clause Does Not Override Shift of Risk to Contractor That Acknowledges Potential for Hidden Additional Work
El Paso Field Services, L.P. v. MasTec North America, Inc., No. 10-0648 (Tex. Dec. 21, 2012). The Texas Supreme Court harmonizes the contractual risk-allocation provisions in a contract in light of the due diligence specifications in the contract. El Paso … Read full post…
Author Kenneth Engerrand
Tags contract / due diligence / risk shifting
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Tags contract / due diligence / risk shifting
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January 14
2013
2013
Fifth Circuit: May A Court Dismiss A Petition to Confirm a Foreign Arbitration Award Based upon A Lack of Personal Jurisdiction?
First Investment Corp. of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., No. 12-30377 (5th Cir. Dec. 21, 2012). Covington Marine Corp. v. Xiamen Shipbuilding Industry Co., No. 12-30383 (5th Cir. Dec. 21, 2012). These cases presented the … Read full post…
Author Kenneth Engerrand
Tags 5th Circuit / Fifth Circuit / Fifth Circuit Florida Foreign
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Tags 5th Circuit / Fifth Circuit / Fifth Circuit Florida Foreign
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December 13
2012
2012
Southern District of Florida: Corrosion to insured property is not property damage under a CGL policy
Granting the defendants’ motion for summary judgment, Federal District Judge Kenneth Ryskamp of the United States District Court for the Southern District of Florida, West Palm Beach Division, found that corrosion caused by the addition of a powdered coating to railings … Read full post…
Author Kenneth Engerrand
Tags CGL / Coverage / Defective Product / Florida / Property Damage
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Tags CGL / Coverage / Defective Product / Florida / Property Damage
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