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HTMLSupreme Court of Texas Finds Contractors Cannot Recover Delay Damages for Negligent Misrepresentation Against an Owner’s Architect in a Case That Highlights the Economic Loss Rule
Lee C. Davis, Nkoyo-Ene Effiong, Juan C. Garcia; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 24, 2014, previously published on June 23, 2014
On June 20, Texas joined a number of states that apply the economic loss rule to damages claims arising from negligent misrepresentation between contractors and the owner’s architect. In LAN/STV v. Martin K. Eby Construction Company, Inc., No. 11-0810,1 the Supreme Court of Texas reversed the...


HTMLFifth Circuit Limits Pollution Liability
David A. Baay, Rachel Giesber Clingman, Juan C. Garcia, Daniel Johnson, Sean D. Jordan; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 27, 2014, previously published on February 26, 2014
In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal waters. That means states and local governments cannot collect penalties...


Adobe PDFSupreme Court Rings in New Year with Another Ruling in Favor of Arbitration
Wilson G. Barmeyer, Juan C. Garcia, Evan J. Taylor, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 16, 2012, previously published on January 12, 2012
Compucredit Corp. v. Greenwood, decided January 10, 2012 is the latest in a series of U.S. Supreme Court opinions that have come down firmly on the side of the enforceability of consumer arbitration agreements. Lining up 8-1 in favor of Petitioner Compucredit, the justices rejected a determination...