July 21, 2014 | Texas Lawyer
Determining Damages in Nuisance ClaimsThese nuisance cases expressly distinguish between a recovery for "discomfort and loss of enjoyment" as contrasted to damages for personal injuries or disease.
By Jonathan B. Shoebotham
4 minute read
July 16, 2014 | Texas Lawyer
Determining Damages in Nuisance ClaimsThese nuisance cases expressly distinguish between a recovery for "discomfort and loss of enjoyment" as contrasted to damages for personal injuries or disease.
By Jonathan B. Shoebotham
4 minute read
January 09, 2014 | Inside Counsel
Litigation: 6 defenses every inside counsel should know (Part 6)Claims for punitive damages can be aggressively defended using the statutory limitations now available in most states.
By Jonathan B. Shoebotham
10 minute read
December 26, 2013 | Inside Counsel
Litigation: 6 defenses every inside counsel should know (Part 5)Defenses for premises owners: There are important limitations on the ability of an independent contractor to sue a premises owner.
By Jonathan B. Shoebotham
5 minute read
December 12, 2013 | Inside Counsel
Litigation: 6 defenses every inside counsel should know (Part 4)A look at the Exclusion of Experts defense and its real-world applications, spearheaded by the findings in Daubert v. Merrell Dow Pharmaceuticals Inc.
By Jonathan B. Shoebotham
5 minute read
November 21, 2013 | Inside Counsel
Litigation: 6 defenses every inside counsel should know (Part 3)Manufacturers have a duty to warn end users about the known hazards associated with use of their products. The learned intermediary rule provides an exception to this general duty.
By Jonathan B. Shoebotham
5 minute read
November 14, 2013 | Inside Counsel
Litigation: 6 defenses every inside counsel should know (Part 2)The U.S. Supreme Court and numerous jurisdictions across the United States have adopted the economic loss rule to bar plaintiffs from recovering tort damages for purely economic losses.
By Jonathan B. Shoebotham
5 minute read
October 31, 2013 | Inside Counsel
Litigation: 6 defenses every inside counsel should know (Part 1)The component supplier doctrine narrowly defines the liability of manufacturers of component parts.
By Jonathan B. Shoebotham
10 minute read