Dallas Austin

What happens to nuclear verdicts on appeal? The El Paso Court of Appeals recently issued a sobering opinion, overruling a $7 million verdict. In Claxton v. Rayner, Claxton’s windshield was hit by a portion of the load that Rayner was transporting on behalf of his employer, Even Better Logistics (EBL).   While Rayner was transporting an oversized load from Dayton to Abilene, he took the wrong exit and ended up on a route that was not part of his TxDOT required route.  The TxDOT route was selected because he was transporting an oversized load. Rayner allegedly did not realize he was on the

Attorney’s fees are a considerable expense in litigating construction disputes, whether you are plaintiff or defendant.  But, against whom are they recoverable and are they covered by insurance?  Recent changes to Chapter 38 of the Texas Civil Practice and Remedies Code (the “TCPRC”) significantly change the answer to this question. Recovering Attorney’s Fees Beyond Individuals or Corporations Unlike many other states, Texas creates a statutory right to recover attorney’s fees under certain circumstances.  Under that statute, Chapter 82 TCPRC, a party can recover attorney’s fee

On August 7, 2022, the Senate passed the Inflation Reduction Act of 2022 (“IRA 2022’). The IRA 2022 changes the current 179D tax deduction for energy efficient buildings in a few important ways that are relevant to the construction industry. Below is a breakdown of the current 179D tax deduction and the changes made by the IRA 2022. The Current 179D Tax Deduction The current 179d tax deduction, enacted by the Inflation Reduction Act of 2006 (“IRA 2006”) is still applicable to projects until the end of 2022. Per the IRA 2006, a tax deduction of up to $1.80 per square foot (currently $1.

Is an insurance company legally liable for an accident that occurred when its policyholder followed claims investigation recommendations? The Texas Supreme Court recently answered this question, stating, “no”. In Elephant Insurance Company, LLC v. Lorraine Kenyon, Ms. Kenyon was involved in a car accident and had pulled over to the side of the road.  She called her insurance company, Elephant Insurance, to report the claim.  While she was on the phone with the adjuster, her husband arrived at the scene.  The insurance adjuster made several suggestions about what would be needed to docum