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Artificial intelligence has made large inroads into various aspects of construction management, but has seemingly made less progress with on-site quality assurance and control measures. What research is being conducted on finding non-conformities or construction defects in real-time to avoid expensive, protected litigation after final completion? We take a deep dive. Reinforcing steel does not scream tech or AI, yet it has received a considerable amount of attention in recent research. To understand why, consider some of the factors and issues concerning installation of reinforcing steel. Stee

What impact does a claim for contractual indemnity have on a Stowers demand? Does paying for a portion of a judgment give standing to an insurer in a subrogation claim for the entirety of the judgment? On appeal of a case we previously reported on, the Fifth Circuit answered these questions in a somewhat surprising fashion. In 2008, Lake Texoma Highport LLC sued Insurance Alliance for failing to procure the requested blanket coverage to insure its marina, which was damaged by heavy rainfall. Insurance Alliance was insured with a $5 million per claim professional liability policy from Westport

What is the status of the Federal Trade Commission’s recent rule banning non-compete agreements as unfair competition? The United States District Court for the Northern District of Texas recently set aside the rule, preventing the rule from taking effect. As reported in a prior article, Ryan, Inc. and the US Chamber of Commerce filed suit to prevent the FTC’s non-compete ban from taking effect. On July 3, 2024, the Court granted a temporary injunction to prevent the rule from going into effect. On August 20, 2024, the Court granted Ryan’s and the US Chamber’s (now an intervenor in Ryan

On September 1, 2024, the Texas Business Court and Fifteenth Court of Appeals, created by the Texas Legislature will begin hearing cases.  The purpose of the new Business Courts was to provide specialized venue for commercial disputes presided over by judges experienced in commercial disputes. Reviewing the structure and function of the Texas Business Court may assist in deciding whether a case is appropriate to be moved to these Courts. The Business Courts are divided into eleven regions but only 5 of the Districts currently have judges appointed.  Those regions are in the First, Third, Fo

The Fifth Circuit US Court of Appeals recently agreed that a claim brought by a former sea captain, Marek Matthews, against his former employers, Tidewater Crewing, Ltd. and Tidewater Inc. (collectively, Tidewater), for alleged exposure to toxic chemicals should be litigated in England, not the US. How did this happen? Matthews, a Florida resident, initially brought suit in Louisiana State Court, but the case was removed to the United States District Court for the Eastern District of Louisiana. Tidewater then moved to dismiss the case on the basis of inconvenient location, or forum non conveni