Publications
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Bloomberg Law Publishes Horres and Bashor on Post-COVID-19 Jury Trial Skills
Bloomberg Law
October 25, 2021
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Workers’ Compensation Liability & COVID-19: A Comparative Law Review
September 24, 2020
Wilson Elser attorneys present the current statutory framework, recent changes to the law in response to the novel coronavirus pandemic. -
Employment Issues Related to the COVID-19 Pandemic: A Comparative Law Review
April 6, 2020
Wilson Elser has compiled information on the state laws in all 50 states and the District of Columbia with respect to certain key issues that employers must or may need to address in terminating or reducing their workforce during the COVID-19 pandemic. -
Opioid Litigation in Texas and the United States
March 9, 2018
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Texas “Hailstorm Bill” Impacts Claims Related to Hurricane Harvey
December 6, 2017
On August 26, 2017, Hurricane Harvey made its second landfall in Texas after having decimated Rockport and other areas of the south Texas coast. Over a three-day period, Harvey dumped a record-level rainfall on Houston, Beaumont and surrounding areas, equaling typical annual totals in some locations. According to conservative estimates, more than 203,000 homes were damaged by the storm, of which 12,700 were completely destroyed, and more than 70 percent of them were not covered by flood insurance. In the final analysis, storm-related damages from Harvey are expected to have a hefty price tag of about $190 billion, making it the costliest storm in U.S. history.
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Replace, Cancel or Get Burned: Sandy’s Electrical Wiring Lesson for 2017 Hurricane Claims
Electrical Wiring Damage: Sandy’s Lesson
December 1, 2017
State notification requirements for insurers in the aftermath of catastrophic storms highlight the need for prompt detection of compromised electrical wiring and prompt reporting of such a condition to the insured. If sufficient notice is not given, coverage may remain in effect, leaving the insurer exposed to potentially huge losses from ensuing fires.
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Hurricane Harvey: Triple Landfall on the Texas Gulf Coast
September 11, 2017
Nearly two weeks out from first landfall, Hurricane Harvey continues to punish communities along the Gulf Coast. This article offers a round-up of the important information you need now along with the storm-related insurance and legal issues that will guide carriers, businesses and other organizations through the uncertain days ahead.
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Defending a "Never Event"
Journal of Healthcare Risk Management
Volume 37, Number 1, 2017
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Employment Newsletter
EEOC Issues Updated, Expansive Guidance on Retaliation Claims
September 2016
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Nurse Practitioners in the World of Pain Management: A Cautionary Tale
The Journal for Nurse Practitioners
Volume 12, Issue 2, February 2016
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Tips for Tendering Defense Letters to Foreign Entities
Law360
June 19, 2015
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Fifth Circuit Adopts Majority Rule on What Constitutes “Other Instruments” of an ERISA Plan
What Constitutes “Other Instruments” of an ERISA Plan?
November 10, 2014
The Fifth Circuit affirmed in a recent case that ERISA plan administrators facing broad requests for production under ERISA section 104(b)(4) may limit their production to formal legal documents governing the plan. The Fifth Circuit’s conclusion is consistent with the majority rule followed by the First, Second, Fourth, Seventh, and Eight Circuits, all of which have defined “instrument” as a formal or legal document that establishes or governs a plan.
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Texas Supreme Court Enforces Medical Criteria for Claims Involving Asbestos and Declares the Application of Chapter 90 Constitutional
Texas CPRC Title 4, Chapter 90, Asbestos & Silica Claims
July 24, 2014
The Emmites alleged that exposures to asbestos at Union Carbide caused Mr. Emmite to develop asbestosis, which was a cause of his death. When Mr. Emmite died in 2005, it was before Chapter 90 took effect. When his family filed their wrongful death lawsuit in 2007, Chapter 90 was the law in Texas. The Texas Supreme Court majority held that the Emmites failed to comply with Chapter 90’s safety valve provisions, to the medical criteria requirements and rejected their argument that Chapter 90 as applied was unconstitutionally retroactive.
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Texas Supreme Court Holds That Requirement to Provide Evidence of Approximate Dose Applies to Mesothelioma Cases as Well as Asbestosis Cases
Texas Issues Decision on Causation in Asbestos Cases
July 22, 2014
The Texas Supreme Court confirmed that the requirement to provide evidence of “approximate dose” applies in mesothelioma cases, not just asbestosis cases. Although the Texas Supreme Court expressly rejected the Court of Appeals statement that plaintiffs have the burden of proving that exposure to the defendant’s product was a “but for” cause of his mesothelioma, the Court held that proof of causation in multiple-source exposure cases still requires comparison of the causal role played by each source of exposure.
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Move or Not to Move: That Is Only One of the Questions
Women Lawyers Journal, 2013 Vol. 98 No. 4
June 9, 2014
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Employment Newsletter
Religious Attire & Grooming Practices in the Workplace
May 2014
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Maryland Court of Appeals Narrows Manufacturer’s Duty to Warn Worker’s Household about Risks of Asbestos-containing Products
Duty to Warn Worker’s Household of Asbestos Exposure
July 26, 2013
Foreseeability alone may not be sufficient to trigger a duty to warn, especially in cases involving manufacturers and suppliers of asbestos-containing products. Now, courts will need to consider the feasibility and burden of providing warnings to household members.
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An Echo of Boomer: DC Court Nixes Plaintiffs’ Adaptation of Expert Testimony to Fit Boomer Sufficiency Test
DC Rejects Attempt to Reconfigure Expert Testimony
May 23, 2013
On May 14, the U.S. District Court for the District of Columbia rejected the plaintiff’s attempt to reconfigure experts’ substantial factor testimony to satisfy the sufficiency standard for causation recently adopted by the Virginia Supreme Court in Ford Motor Co. v. Boomer.
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FINRA Dispute Resolution Opening to RIAs
FINRA Dispute Resolution is now an alternative dispute resolution forum
November 5, 2012
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Texas Supreme Court Adopts the “Learned Intermediary Doctrine” in Prescription Drug Cases; Rejects Exception for Direct-to-Consumer Advertising
June 21, 2012
June 8, 2012, the Texas Supreme Court formally adopted the learned intermediary doctrine and reaffirmed the principle that a physician (the “learned intermediary”) is in the best position to evaluate a treatment and weigh the potential risks and benefits of a drug.
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Texas Court Rules Reservation of Rights Alone Does Not Necessarily Give Right to Independent Counsel
February 7, 2012
The January 20, 2012, opinion issued by the U.S. District Court, Southern District of Texas enforces the recent trend by Texas courts to support the right of insurance carriers to select defense counsel and control the defense of the case, absent the existence of a “disqualifying conflict,” which must be based on more than the simple issuance of a reservation of rights.
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Texas Court of Appeals: Portions of Texas Asbestos Medical Criteria Law Unconstitutional When Applied Retroactively
July 2011
The Texas Court of Appeals held that the statutory medical requirements for asbestos claims enacted by the 2005 Texas Legislature (Chapter 90) cannot be constitutionally applied to a claim that existed but was not filed before the statute took effect.
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Federal MDL Court Dismisses Scores of Asbestos Claims Judge Grants Motion Filed by Wilson Elser Attorneys
October 2010
In a case governed by Texas law, the judge presiding over the federal asbestos multidistrict litigation ("MDL") recently granted a motion by Wilson Elser to dismiss 85 claims against two of the firm's clients. The plaintiffs had failed to comply with Chapter 90 of the Texas Civil Practice & Remedies Code, which requires asbestos claimants to file medical reports establishing that they satisfy criteria for impairment and causation. The court held, contrary to the plaintiffs' argument, that these criteria constitute a substantive legal rule that must be applied in a federal action governed by Texas law. This ruling carries significance beyond Chapter 90 and the federal asbestos MDL. For example, it will be useful in urging the federal MDL Court to apply similar criteria enacted by other states.
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Rollout of updated policies with the new year
January 2010
After the frenzy of the holiday season, January is the perfect time to reassess employment policies. This includes making modifications to comply with changes in the laws and implementing any updates appropriate for the ever-changing needs of the workplace.