Texas / South Central News

Fifth Circuit Nixes Its Own ‘Flawed’ Limit on Title VII Employee Discrimination Claims

A federal appeals court has discarded its own long-time precedent and expanded the scope of discrimination claims that employees can bring against their employers under Title VII of the Civil Rights Act. In so ruling, the Fifth Circuit of Appeals, …

Hundreds Flee, Building Destroyed as Grass Fire Spreads to Trees Near Texas Apartments

CEDAR PARK, Texas (AP) — A grass fire near Austin, Texas, spread into trees near an apartment complex and condominiums, destroying one of the buildings and forcing hundreds of residents from their homes. Two people suffered minor injuries in the …

Partner Reveals McClenny Moseley Raised $40 Million from Private Investors

McClenny Moseley & Associates, the embattled law firm that filed thousands of hurricane-damage lawsuits in Louisiana, raised a total of $40 million from private investors, one of its founding partners said during a court hearing on Tuesday. Zachary Moseley provided …

MMA Lawyers Say they Were Duped, Argue Long Suspensions Unwarranted

Three former attorneys for the McClenny Moseley & Associates are urging a judge to lift a nine-month suspension that bars them from practicing in the federal Western District of Louisiana and pin blame for the law firm’s ethical issues on …

Appellate Court Rejects ‘Fishing Expedition’ Discovery Request to Home Depot

A Texas appellate court threw out a trial court order that approved a plaintiff’s overly broad discovery request in an employee’s personal injury lawsuit against Home Depot. A panel of the 9th Court of Appeals in Beaumont vacated a judge’s …

No Duty to Defend Doesn’t Mean No Duty to Indemnify, 5th Circuit Rules

A federal appeals court has clarified, at least under the realm of Texas law, when an insurer has a duty to indemnify – even if it has no duty to defend a tort action against the insured thanks to an …

Viewpoint: Defining the Doctrine of Prevention in Texas

Property insurance claims involving disputes about whether the insured is entitled to replacement cost value (RCV) typically involve whether the insured has actually repaired the damaged property. This is in large part because replacement cost provisions typically restrict an insured’s …

Lawyers Plead Ignorance of MMA’s Misdeeds, Seek Relief from Nine-Month Suspension

Former attorneys for McClenny Moseley & Associates hope to persuade a federal judge to lift a suspension that prevents them from practicing in the Western District of Louisiana, including one young lawyer who says he had been practicing law less …

Family Sues New Orleans After a Falling Tree Badly Injures Teen

NEW ORLEANS (AP) — New Orleans is being sued by the family of a teenager crushed by a massive tree limb in a historic French Quarter park. The 17-year-old is still in the intensive care unit, the family`s attorney said …

Donelon Directs Insurers to Talk to Policyholders as Hurricane Ida Claims Deadline Looms

A day after the Louisiana Supreme Court announced that it is lifting a stay on hurricane-damage lawsuits filed by McClenny Moseley & Associates, state Insurance Commissioner James Donelon on Thursday issued a directive warning insurers not to use a letter …

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