5th Circ. Mulls 'Employee' Definition In $3.8M Insurance Fight

Law360 (July 20, 2021, 9:36 PM EDT) -- A Fifth Circuit panel questioned Tuesday whether it could parse the meaning of "employee" under Texas' anti-indemnity statute or if it should send the question to the Texas Supreme Court, in an appeal seeking to reinstate a crane company's lawsuit over a $3.8 million litigation bill.

The three-judge panel seemed hesitant to interpret the Texas Legislature's intended meaning of "employee" in the Texas Anti-Indemnity Act, or TAIA, with what one judge characterized as "virtually nothing from the Texas courts on this matter."

Maxim Crane Works LP asked the federal appellate court in October 2019 to reverse a Southern District of Texas...

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