Showing all results for category “News”

Case to Watch: Texas Supreme Court Considers Scope of Shipper Liability in Fatal Trucking Accident

March 6, 2026 / News

Ramy Elmasri analyzes a Texas Supreme Court case that could expand shipper liability in trucking accidents. The Court is weighing whether shippers can be sued for negligent carrier selection after a fatal crash involving an independent‑contractor motor carrier. The decision could reshape risk for retailers, logistics companies and insurers across Texas.

Read More ⟩

Texas Voids Out-of-State Forum and Choice of Law Clauses in Construction Contracts

March 4, 2026 / News

Ramy Elmasri analyzes recent amendments to key Texas statutes governing construction contracts. The updates to the Texas Civil Practice and Remedies Code and Texas Business and Commerce Code significantly limit the enforceability of out-of-state forum selection and choice of law provisions. Under the revised framework, disputes from Texas construction projects must generally be brought in the Texas county where the project is located, regardless of contractual language selecting another state’s venue or governing law.

Read More ⟩

Murphy Wins Summary Judgment for Homeowner in NY

March 3, 2026 / News

Congratulations to John Murphy on obtaining summary judgment in Kings County Supreme Court on behalf of a homeowner client in a sidewalk trip-and-fall case valued in the mid-six figures. The firm argued that the client could not be held liable based on the homeowner exemption in NYC Administrative Code § 7-210(b) and because they did not create the alleged sidewalk condition nor derive special use or benefit from the sidewalk. The court granted summary judgment in its entirety and dismissed the complaint and all crossclaims against the homeowner client.

Read More ⟩

Wilton-Brillhart Doctrine Found Inapplicable in Coverage Dispute

February 24, 2026 / News / Writing and Speaking

Don Sampen analyzes the retention of an insurance coverage action by the Southern District of Illinois, even though a related Missouri state case was filed earlier. The court found abstention inappropriate because key parties were not part of the Missouri action and were necessary to determine coverage. The court held that the Wilton-Brillhart abstention doctrine did not apply.

Read More ⟩

Van Dusen and Gdalina Defeat FHA Claims

February 24, 2026 / News

Congratulations to Matthew Van Dusen and Alisa Gdalina on securing dismissal of all federal claims in a Southern District of New York housing discrimination case under the Federal Housing Act. The court dismissed the complaint, citing insufficient evidence of discriminatory animus based on a protected characteristic.

Read More ⟩

Peskanov Wins NY Trial for Property Owner

February 20, 2026 / News

Congratulations to David Peskanov on securing a no-liability verdict in a high-exposure premises liability jury trial in Kings County, New York. The court issued a key pre-trial evidentiary ruling limiting the plaintiff’s theory of liability, and the jury later ruled in favor of the property owner.

Read More ⟩

Texas Supreme Court Holds Tornadoes Are ‘Windstorms’ Under Homeowners Policies

February 18, 2026 / News / Writing and Speaking

Ramy Elmasri analyzes a decision from the Supreme Court of Texas that holds that a tornado falls within the definition of “windstorm” in a homeowners insurance policy.

Read More ⟩

Texas Supreme Court Proposes Major Overhaul to Summary Judgment Practice – What Insurers Need to Know

February 16, 2026 / News / Writing and Speaking

Ramy Elmasri and Scot Doyen analyze the Texas Supreme Court’s proposed overhaul of Rule 166a governing summary judgment practice. The rewrite of the rule will greatly alter motion practice timelines, hearing procedures and ruling deadlines, with major implications for insurers and defense counsel.

Read More ⟩

Caitlin Bratt Obtains Summary Judgment in Veterinary Malpractice Case Alleging Abuse of Show Horses in Federal Court

February 13, 2026 / News

Congratulations to Caitlin Bratt on obtaining summary judgment in the Eastern District of Texas on behalf of her clients, a veterinarian and equine medical facility facing malpractice allegations. The court found that the plaintiffs’ allegations of malpractice, negligence, res ipsa loquitur and gross negligence related to the death of the plaintiffs’ horse were unfounded and contrary to the evidence.

Read More ⟩

Regulatory Approval Found Not to Negate Pollution Exclusion

February 11, 2026 / News / Writing and Speaking

Don Sampen analyzes an Illinois Supreme Court decision that a permit or regulation authorizing the emission of pollution has no relevance in determining the application of a pollution exclusion in a standard commercial general liability policy.

Read More ⟩

  • Chicago

    Illinois 60606

    225 West Randolph Street

    Suite 700

    Chicago, Illinois 60606

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Irvine

    California 92618

    20 Pacifica

    Suite 440

    Irvine, California 92618

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Paige M. Neel

  • Milwaukee

    Wisconsin 53202

    1433 North Water Street

    Suite 500

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06901

    243 Tresser Boulevard

    17th Floor

    Stamford, Connecticut 06901

    T: 203.989.3889 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Hartford

    Connecticut 06103

    750 Main Street

    Suite 100

    Hartford, Connecticut 06103

    T: 860.756.5520 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33602

    401 East Jackson Street

    Suite 3300

    Tampa, Florida 33602

    T: 813.519.1001 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77060

    4 CityNorth

    16945 Northchase Drive, Suite 1400

    Houston, Texas 77060

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • San Antonio

    Texas 78258

    401 East Sonterra Boulevard

    Suite 375

    San Antonio, Texas 78258

    T: 210.338.6711 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Austin

    Texas 78759

    9442 N Capital of Texas Hwy

    Suite 500

    Austin, Texas 78759

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Fort Worth

    Texas 76102

    702 Houston Street

    Fort Worth, Texas 76102

    T: 682.231.9560 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri