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Update: Arbitration Provision in Trust Enforceable

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In Rachal v. Reitz, No. 11-0708, 2013 WL 1859249 (Tex. May 3, 2013), the Texas Supreme Court determined whether an arbitration provision contained in an inter vivos trust was enforceable against the trust beneficiaries. The trust contained a provision requiring all disputes regarding the trust and the trustee to proceed to arbitration. When a trust beneficiary sued the trustee alleging that the trustee …

Construction Law Update: Liability of Texas Design Professionals Who Remain Engaged in Construction Observation and Contract Administration Work

In Blog

The Maxfields (“Owners”) contracted with Black & Vernooy Architects (“Architects”) and Nash Builders, Inc. (“Builders”) for the design and construction of a vacation home. Under the Owners’ contract with the Architects, the Architects were required to design the residence, to perform various post-design contract administration services, and to keep the Owners informed about the progress of the work—esp., to guard …

DePuy Hip Implant Recall Update

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On August 26, 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, announced the recall of its hip implants known as the ASR XL and ASR Hip Resurfacing systems. More than 93,000 hip implants were sold worldwide before DePuy stopped production in 2009. The latest information indicates that approximately 40,000 were implanted in the United States from sometime before the Food …