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Expert Analysis

Texas Contractors, With Immunity And Liability For Some

Law360, New York (May 20, 2015, 11:26 AM EDT) -- The Texas Supreme Court in a case of first impression[1] declined to extend the sovereign immunity of a toll-road authority to a private engineering company whose design, the plaintiffs alleged, caused deaths and personal injuries. Brown & Gay Engineering Inc. v. Olivares (Tex. April 24, 2015). The engineer pressed creative arguments for the extension of immunity. Some wondered, however, why the court elected to decide the case, believing the arguments put forth were a bit of a reach. Indeed, the three concurring justices saw the case as a simple proposition....

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