McDowell Hetherington LLP

On Friday, March 13, 2020, the Texas Supreme Court issued its “First Emergency Order Regarding the COVID-19 State of Disaster.” (Misc. Docket Nos. 20-9042 & 20-007. The Order can be accessed here: https://www.txcourts.gov/media/1446056/209042.pdf). The Order gives Texas courts the authority to modify or suspend “any and all deadlines and procedures” for a period ending no […]

Houston, TX – On Friday March 5, 2021, the Texas Supreme Court issued its thirty-sixth “Emergency Order Regarding the COVID-19 State of Disaster” allowing courts across the state to open for in-person proceedings. See Misc. Docket No. 21-9026. However, the order encourages remote hearings and trials when possible. The order also authorizes local courts to […]

Oakland, CA – Since March 2020, hundreds of businesses across the United States have filed lawsuits against their insurance carriers for coverage related to COVID-19 under their business interruption insurance policies. The scope of coverage under all-risk policies depends on each insurance contract’s specific terms and conditions and exclusions that limit coverage, including the requirement […]

Houston, TX – On June 8, 2020, the U.S. Department of Labor promulgated a new rule that lets employers provide flexible-hour workers with incentive-based pay on top of their fixed salaries without sacrificing the reduced overtime rate for fluctuating workweeks. It takes effect on August 7. While many employers rely on the Fair Labor Standards […]

Houston, TX – Although most coverage of COVID-19 litigation has centered on business interruption policies and force majeure clauses in commercial contracts, an avalanche of employment-related claims against employers is sure to follow. And as businesses lay-off workers, cut hours and salaries, but nevertheless begin to open up their doors, many new avenues for liability […]

Oakland, CA – Recognizing that the COVID-19 outbreak may impede plan and plan participants’ efforts to comply with various requirements and deadlines under the Employee Retirement Income Security Act of 1974 (ERISA), the U.S. Department of Labor’s Employee Benefits Security Administration recently released, “Guidance and Relief for Employee Benefit Plans Due to the COVID-19 (Novel […]

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law in response to the COVID-19 pandemic. The CARES Act includes significant changes for credit reporting agencies or any institutions that furnish information to credit reporting agencies regarding accounts receiving relief due to the COVID-19 crisis. Specifically, the […]

Oakland, CA – Much time and attention has been focused on the seemingly ever-increasing number of business interruption insurance coverage lawsuits policyholders have filed across the country in the last few weeks. However, insurance coverage battles related to losses from the COVID-19 pandemic have recently taken a unique turn. We previously highlighted the multiplying number […]

Houston, TX – Regardless of whether a contract contains a force majeure provision, a party’s non-performance may still be excused by the common law doctrine of impossibility. 1. The impossibility doctrine in Texas. The impossibility defense is an excuse to performance that Texas courts will refer to as impossibility of performance, commercial impracticability, or frustration […]

Oakland, CA – We previously highlighted that many businesses are not first waiting for coverage determinations before suing their insurers. Now, in a single day, five lawsuits were filed seeking business interruption coverage for losses related to COVID-19, this time in Los Angeles County Superior Court. On April 13, 2020, attorney Mark Geragos, his Los […]