Legislative Issues Articles

Picture of Ben Agosto III

TEXAS EXPANDS THE EIGHT-CORNERS RULE – EXTRINSIC EVIDENCE MAY BE USED TO EXAMINE INSURANCE CONTRACTS IN NARROW CIRCUMSTANCES

In the Texas Supreme Court’s recent opinion of Monroe Gaur. Ins. Co. v. BITCO Gen. Ins. Co., Texas’ longstanding “eight-corners” rule was modified to permit the admission of extrinsic evidence under narrowly defined circumstances. See __ S.W.3d __, 2022 WL 413940 at *8. Predictably, the net effect of this opinion on Texas’ litigation landscape has…

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Abraham Watkins

New York Police Department Accused of Violating Civil Rights

A New York Appellate court recently reinstated a class action lawsuit against the New York Police Department. The lawsuit claims that hundreds of thousands of people were stopped and frisked by New York police. Though those individuals were never convicted of a crime, the New York Police Department still maintained personal information about those persons…

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Abraham Watkins

Republican Supreme Court Produces Lopsided Results

The all-Republican Texas Supreme Court issued rulings during the first decade of this century which overwhelmingly favored insurance, business interests, and government, at the expense of individual citizens. This is the finding of a report recently issued by Texas Watch, an organization which monitors governmental activities, including the Supreme Court. The study, entitled Thumbs on…

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Abraham Watkins

Supreme Court Ruling Endangers Open Beaches

Texans living along the Gulf Coast greeted with displeasure a recent ruling by a sharply divided Texas Supreme Court which compromises their right to open beaches. The case is named Severance v. Patterson, ___ S.W.3d ___ (Tex. 2012). The facts in Severance stemmed from Hurricane Rita’s changes to the Texas coastline. Land “avulsed,” leaving the…

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