Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion in that case, a 9-0 decision in favor of the insurer-appellant. In short, the Court
Kean Miller
Disarming the Nuclear Verdict: Louisiana and Texas Courts Curb Excessive Awards of General Damages to Personal Injury Plaintiffs
In today’s legal landscape, jury awards to personal injury plaintiffs are trending upwards. Studies show that “nuclear verdicts” are increasing in prevalence as jurors grow more critical of corporate defendants and are increasingly persuaded by provocative trial tactics from plaintiff attorneys. However, recent decisions from Louisiana and Texas show that some courts are bucking the…
The Future of Removal Based on Federal Diversity Jurisdiction After the Fifth Circuit’s Decision in Advanced Indicator and Manufacturing, Inc. v. Acadia
The exception swallowed the rule. The Fifth Circuit essentially overruled the judicially-created voluntary-involuntary limitation to remove a case post-suit based on federal diversity jurisdiction in Advanced Indicator and Manufacturing, Inc. v. Acadia, 50 F.4th 469, 474 (5th Cir. 2022). Accordingly, this means that if you represent a diverse defendant in a state court case,…
Did the 5th Circuit’s ruling in Sanchez clarify the definition of “seaman” or just muddy the waters?
The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) and the Jones Act are the two statutory recovery schemes available to injured maritime workers. Under the Jones Act, a “seaman” is entitled to recover certain damages from his Jones Act employer. Under the LHWCA, a “longshoreman” recovers under a federally managed workers’ compensation program. The Jones…
Ineffective Main Engine Control Leads to Dock Allision in Corpus Christi Bay
The oil tanker Riverside allided with a loading dock after a failed maneuver during its attempted exit of Corpus Christi Bay.
An allision occurs when a vessel in navigation strikes a stationary object, like a dock or a bridge. In the maritime world, allisions differ from collisions in that collisions involve two vessels striking each…
It Pays to go to College: NCAA Allows College Athletes to Profit from their Name, Image, and Likeness
Effective today, July 1, the NCAA has officially suspended the organization’s rules prohibiting athletes from selling the rights to their names, images, and likenesses (“NIL”). Despite the NCAA’s longstanding principles that payments to athletes while attending college would undermine amateurism of college athletics, the organization’s Division I board of directors decided Wednesday that it would…
Ashes to Ashes, Dust to Dust, Could Carbon Capture Save the Climate Bust?
Originally published in the Ark-La-Tex Association of Professional Landmen Register
Carbon capture and storage (“CCS”) is the process of capturing carbon dioxide emissions from large point sources, and then transporting it to a storage location for deposit in underground formations where it will not re-enter the atmosphere. By returning CO2 emissions that resulted from the…
Help Required: Texas Probate Counsel
Unlike many states on the Pacific and Atlantic costs, Texas’ probate process is quicker and comparatively cost efficient. In fact, Texas offers a several abbreviated probate process (e.g. independent administration, muniment of title, small estate affidavits) that require only limited filings and usually a single brief hearing in order to transfer the property to the…
Transfer On Death Deed In Texas
Many clients ask, “How do I keep my house from going into probate when I die?” A Transfer on Death Deed (“TODD”) is one way to do this.
What is a TODD? In 2015, Texas enacted Chapter 114 of the Texas Estates Code, which created and authorized the TODD. Its main purpose is to allow…
Giving Gifts Under 2020 Tax Law
The upcoming election and concern regarding potential changes have people asking questions about what they can do in 2020 to blunt the impact of a future change in the tax law. One strategy for people with significant assets will be to give property away while the current tax laws are in place.
As many already…