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January 17, 2005 |

Villanueva v. Amica Mutual Insurance Co.

Where defendant-insurer's unilateral mistake regarding the limits of its policy was material to and an essential basis for its settlement offer, and there is no indication that its conduct reflected anything other than simple negligence or that plaintiff has suffered any legal prejudice as a result of that mistake, it would be unconscionable to enforce the settlement; defendant was entitled to rescind the settlement and the complaint to enforce it is dismissed.
6 minute read
April 05, 2011 |

Roundtable Participants

Here are the participants for the Diversity Roundtable:
10 minute read
May 28, 2007 |

Legislative Scorecard

Bills of interest to lawyers are pending in the Texas Legislature.
3 minute read
September 15, 2003 |

Verdicts & Settlements

Tobacco Company Wins 'Low Tar' Cigarette Case Eiser v. Brown & Williamson Defense Verdict Date of Verdict: Aug. 15, 2003. Court and Case Number: C.P. Philadelphia, No. 4367, March Term, 1999. Judge: Gary F. DiVito.
7 minute read
September 22, 2003 |

No Real Estate Exception Arises Out of Mine System

An Armstrong County judge has refused to extend the real estate exception to the Sovereign Immunity Act to permit tort claims against several commonwealth agencies, including the Bureau of Mining and Reclamation, for allegedly breaching a statutory ...
4 minute read
April 29, 2009 |

No-Fault Insurance Wrap-Up

David M. Barshay, a partner at Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, and David M. Gottlieb, an associate with the firm, write: The Court of Appeals' much-anticipated decision in LMK Psychological Services, P.C. v. State Farm Mut. Auto. Ins. Co. was handed down April 2, 2009. As practitioners in this area of law are well-aware, LMK concerned a dispute as to how interest and attorney's fees are calculated after a claimant's successful prosecution of a lawsuit or arbitration for the recovery of no-fault insurance benefits. Given that it is probably the most significant case concerning no-fault law in more than 10 years, a detailed examination of the case and its holdings, as well as the lower court opinions in which the issues addressed in LMK initially surfaced, is warranted.
16 minute read
July 19, 2004 |

Verna v. The Links at Valleybrook Neighborhood Association, Inc.

A homeowners association, having previously ceded jurisdiction of its streets to a municipality, retains the authority to enforce its own parking regulations; also, the association's board of directors exceeds its authority to conduct elections when it issues a "candidate audit" advising unit owners which of the candidates were members in "good standing"; additionally, when asserting a defamation claim, a candidate for election to an association's board of directors should be considered a "public figure."
16 minute read
October 17, 2002 |

Big Public Energy Partnership in Big State of Texas

Houston-based Enterprise Products Partners is one of the largest publicly traded energy partnerships in North America. Enterprise has been involved in more than $1.4 billion in investments and acquisitions this year. Not surprisingly, Richard H. Bachmann, the company's chief legal officer, has been incredibly busy. Bachmann and Enterprise's CEO describe their working relationship.
9 minute read

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