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What is the difference between a statute of limitations and a statute of repose?

If you have problems with a commercial construction project, you must be sure to assert your legal rights timely, or they will be waived. Two critical “deadlines” to keep in mind are the statute of limitations and the statute of repose. There are some key differences between the two, but both are designed to allow the defendant to: Request proof of injury; Hire its own inspectors to view t...
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Is Your Home or Business Hurricane-Ready?

Hurricane Laura may have missed most of Texas, but we’re not out of the woods yet. The Atlantic hurricane season lasts through Nov. 30. Is your home or business ready for a natural disaster? Here are some tips to follow. Know Your Risk Hurricanes aren’t just a coastal problem. Hurricane damage can happen almost anywhere. A hurricane making landfall at a high speed has the power to move a lon...
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When is the right time to consult an attorney in the insurance claims process?

You may have suffered a loss from property damage caused by hail, tornado, hurricane, windstorm, fire, explosion or other weather related events, or you may have suffered losses due to a business interruption. Either way, your first course of action is to file a claim with your insurance company. Keep in mind that an insurance claim is a business transaction, and you may not see eye-to-eye with...
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May It Please the Camera

By Cara Salvatore Law360 (June 29, 2020, 3:41 PM EDT) — As masses of legal work shift online, trial lawyers are turning on their webcams and realizing their old courtroom skills are no longer enough. But recent remote proceedings are already showing that online trials can actually work — with the right considerations. Latham & Watkins LLP associate Corey Calabrese was one of the first la...
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Pearson Legal Participates in First Summary Jury Trial Via Zoom

Due to the coronavirus pandemic, many changes have been made in the way people are conducting business, and that includes the legal profession. Matthew Pearson, of Pearson Legal P.C., participated in the first-ever civil summary jury trial over Zoom on Monday, May 18. It was an experiment to get the civil judicial system up and running after being shut down by the pandemic. The one-day civil...
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Supreme Court Rules In Favor of Property Owner

In June 2013, commercial properties owned by TopDog Properties and insured by GuideOne National Insurance Company sustained wind and hail damage. After its first inspection, GuideOne determined that the loss fell below TopDog’s deductible and denied the claim. GuideOne refused to reinspect the property and then rejected TopDog’s request to resolve the dispute through appraisal, explaining that the...
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Does Your Policy Cover Business Losses Due to the COVID-19 coronavirus?

The recent outbreak of respiratory illness caused by a novel coronavirus has dominated the news cycle and caused sweeping damage to businesses across the U.S. As businesses continue to focus on how the virus impacts them, one critical question is the extent to which their insurance programs may cover business interruptions and related losses. Most businesses rely on standard “all risk” property...
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Planning for a Successful Commercial Construction Project

Are you developing a public or private commercial property? The most essential part of the development process is to be absolutely certain that the contract you enter into with any design professionals or contractors includes provisions to protect you from liability or financial impact in the unlikely event of design or construction defects. What are some common defects? Architectural and eng...
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Pearson Legal Files Lawsuit On Behalf Of Victoria Independent School District Against Property Casualty Alliance of Texas

VICTORIA, Texas, Jan. 28, 2020  — The Victoria Independent School District (VISD) has filed a lawsuit against its insurance carrier, Property Casualty Alliance of Texas (PCAT), to be compensated for extensive damage sustained by the district-wide school facilities as a result of August 2017's Hurricane Harvey.  In the lawsuit, VISD seeks to recover approximately $22M in damages that the Di...
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