United States: Personal Injury

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

The Texas Business Court's Fourth Division recently addressed fundamental questions about shareholder standing and conversion claims in the context of a dissolving business partnership. When two co-owners of physical therapy clinics and related real estate entities could not agree on separation terms, their dispute raised critical procedural issues about who can sue for corporate injuries and what pleading standards apply under Rule 91a motions to dismiss.

Memorial Day weekend marks the unofficial start of summer with beach trips, barbecues, and time with family. It’s also one of the busiest travel times in New Jersey. Roads leading to the Jersey Shore fill up, traffic backs up on the Parkway and Turnpike, and millions of drivers are trying to get where they need to go at the same time, which can make it one of the most dangerous weekends of the year to be on the road.