You Can Agree to Make a Contract Electronically Without Explicitly Saying So

In Texas, when the law requires a contract to be in writing, electronic communications can satisfy that requirement, but only if each party agrees to conduct the transaction electronically.  Even when neither party explicitly says that it has agreed to conduct transactions by electronic means, the context and surrounding circumstances can show that that the […]

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Texas Supreme Court Affirms Substantial Factor Test In Multiple Causation Cases

Generally, plaintiffs must prove that their injuries would not have happened, but for the action of the defendant.  One notable exception is when multiple factors contribute to the injury.  In these exceptional cases, the plaintiff must prove that the defendant’s act or omission was a substantial factor in bringing about the injury; the plaintiff need […]

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Judge Narrows Climate Change Citizen’s Suit, But Allows Key Parts To Go Forward

A suit claiming that an ExxonMobil facility has not adequately planned for severe events such as storm surges, heavy rainfall and flooding can proceed regarding current and near future conditions.  The suit cannot proceed as to longer term issues, such as sea levels predicted for 2050 or 2100, according to a federal judge in Massachusetts. […]

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Texas Supreme Court Agrees to Hear Two Environmental Cases

The Texas Supreme Court has begun identifying the cases that it will hear in its 2017-2018 term.  One case involves an individual’s personal liability for violating environmental rules; another addresses state pre-emption of local environmental ordinances. Individual Liability of LLC’s Owner and Manager First, the Court agreed to review Morello v. State, where the Austin […]

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Contractor’s Obligation to Provide Insurance Is Different From Indemnity

In many industrial construction or services contracts, contractors agree to provide insurance for the owners.  Additionally, contractors often agree to indemnify the owners, at least to some extent.  These provisions are sometimes congruent; that is, the indemnity and insurance provisions can be written so that each obligation corresponds exactly to the other.  However, Texas law […]

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