5th Circuit Court of Appeals News

5th Circuit: Cal-OSHA Has Jurisdiction Over Texas Trucking Co. for Work Safety Violations

A federal appellate court rejected a Texas trucking company’s attempt to force a California state agency to pursue a $6,180 fine for workplace safety violations in a Texas court. Bulkley & Associates filed suit twice to challenge the California Department …

5th Circuit: Insurer Liable for Harvey Damage Despite ‘Creative’ Policy Language and ‘Legal Gotcha’

While Hurricane Harvey dumped 60 inches of rain on the Houston area in August 2017, the authority that operates the Lake Conroe Dam opened the floodgates to release water at a rate almost equal to the flow over Niagara Falls. …

5th Circuit: Oil Platform Worker’s Longshore Act Claim Barred by Exclusive Remedy

Exclusive remedy bars a lawsuit filed by a mechanic against the owner of an offshore oil platform where he worked, even though he was employed by different company, a federal appellate court ruled. The 5th Circuit Court of Appeals rejected …

5th Circuit Reasserts That Bad Faith Not Necessary to Win Interest Penalty Against Texas Insurers

A Houston plaintiff’s attorney defeated State Farm Lloyd’s for the fourth time on the same issue, this time coming away with a federal appellate court ruling that policyholders don’t have to prove that their insurer acted in bad faith in …

5th Circuit: Carrier Must Defend Against Claim Despite Policy Exclusion

Texas law requires an insurer to defend the grandparents of a 10-year-old boy who was killed while driving their all-terrain vehicle against a negligence lawsuit, even though the carrier says neither the boy nor the crash was covered by its …

Economic Loss Rule Bars Insurer Recovery for Utility’s Damaged Turbine

The economic loss rule established by Texas courts bars recovery for an insurance company that sought nearly $8 million in damages from a company that installed faulty software that led to extensive damages to an electric utility’s generating equipment, a …