LATEXO TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

The Modern Nuclear Renaissance Reaches New England

April 14, 2026 — Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law Blog
On March 31, 2026, the governors of all six New England states issued a joint, bipartisan statement committing the region to explore deployment of advanced nuclear energy technologies while supporting the continued safe, affordable and reliable operation of New England’s existing nuclear generation facilities. This coordinated regional initiative follows a major policy announcement in June 2025 by New York Governor Kathy Hochul directing the New York Power Authority to pursue development of at least 1,000 MW of advanced nuclear generation to support statewide reliability needs and New York’s zero‑carbon mission. Less than one year after New York formally embraced a modern nuclear renaissance, that renaissance has now expanded across the New England states—signaling a broader Northeast regional pivot toward nuclear as a core element of long‑term reliability, affordability and decarbonization strategies. For utilities and power generators, this shift creates both opportunities and planning imperatives that warrant immediate attention. Read the full story...
Reprinted courtesy of Stephen J. Humes, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com

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U.S. Supreme Court Decision May Negate State Law Requirement to File a Certificate of Merit with the Complaint in a Federal Action Against a Design Professional

April 27, 2026 — Christopher Olsen & Phillip Boldt - ConsensusDocs
To deter frivolous and unfounded claims against design professionals, states throughout the country have enacted statutes which generally require litigants to furnish a formal certification of merit (“COM”) from a qualified expert or face potential dismissal of their lawsuit. These COM statutes can impose a significant front-end burden on claimants who must pay an expert to review project records, interview the project team, and prepare a formal report before the lawsuit can be filed—often regardless of the amount in controversy. However, in light of a recent U.S. Supreme Court decision in a medical malpractice case, most, if not all of these statutes, may no longer be enforceable in federal court. This article examines the recent decision in Berk v. Choy, 146 S. Ct. 546 (2026), the decisions thus far which have applied Berk to invalidate COM statutes, and other categories of statutes applicable to the construction industry which may face a similar fate. The U.S. Supreme Court Decision (Berk v. Choy) In Berk, the plaintiff, Harold Berk, sued a doctor for medical malpractice under Delaware law in Delaware federal court. 146 S. Ct. at 551. Under Del. Code, Tit. 18, § 6853(a)(1), an affidavit of merit (like a COM) must accompany a complaint alleging medical malpractice. Id. Berk failed to include an affidavit of merit with his complaint. Id. at 552. Applying Delaware state law, the federal court dismissed Berk’s medical malpractice claim. Berk appealed to the Third Circuit, arguing that the affidavit of merit required by § 6853(a)(1) is unenforceable in federal court because it is more onerous than the Federal Rules of Civil Procedure. The Third Circuit affirmed the District Court’s ruling, finding § 6853(a)(1) enforceable in federal court. Reprinted courtesy of Christopher Olsen, Peckar & Abramson, P.C. and Phillip Boldt, Peckar & Abramson, P.C. Mr. Olsen may be contacted at colsen@pecklaw.com Mr. Boldt may be contacted at pboldt@pecklaw.com Read the full story...

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Idaho Contractor Registration: Lessons from the Ward v. Bishop Decision

April 20, 2026 — Tara Martens Miller - Snell & Wilmer
The Idaho Supreme Court’s recent decision in Ward v. Bishop Constr., Ltd. Liab. Co., No. 51118, 2025 Ida. LEXIS 143 (Dec. 31, 2025) offers valuable guidance for contractors and construction attorneys navigating the Idaho Contractor Registration Act (ICRA). The December 2025 ruling clarifies critical questions about when and how defendants may raise contractor registration defenses, the weight of pretrial stipulations, and the consequences of procedural missteps in construction litigation. This article examines the key takeaways from the decision and offers practical actions for consideration by those working in Idaho’s construction industry. The Facts Behind the Dispute The case arose from a long-standing working relationship between cousins Joel Ward and Ren Bishop dating to the 1990s. Ward performed general construction work for Bishop Construction, LLC, including building, plumbing, electrical, framing, roofing, and siding work on projects in Idaho, Montana, and Wyoming. Bishop agreed to pay Ward $10 per hour, later increased to $12 per hour, plus one-way travel expenses. Between 2017 and 2019, Ward worked over 1,100 hours but was never paid, totaling $12,443.54 in claimed damages. Read the full story...
Reprinted courtesy of Tara Martens Miller, Snell & Wilmer
Ms. Miller may be contacted at tmmiller@swlaw.com

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Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision

May 05, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa. Jan. 28, 2026). Stella owned a cultural center that was insured under a commercial property all-risk policy issued by Auto-Owners. A windstorm with gusts of 65 miles per hour struck the Center causing damage. The Center’s inspector found extensive wind damage on nearly all facets of the roof. Further, the inspector found the existing organic shingles were in “very poor condition” and were “defective, discontinued, and no longer available.” The estimated cost of repairs to the roof was $108,010.52. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Louisiana Enacts Important Tort Reform Legislation

May 12, 2026 — Lee M. Peacocke & Benjamin Perkins - Lewis Brisbois
The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...

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Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know

July 13, 2026 — Conor G. Bateman & Marsha Cotton - Snell & Wilmer
On March 1, 2026, sweeping amendments to Texas Rule of Civil Procedure 166a took effect, fundamentally changing how Texas courts handle summary judgment motions — from filing and briefing through disposition. Whether representing a plaintiff or defendant, Texas litigants and attorneys must understand these new rules and their impact on case strategy and timelines. These procedural changes carry particular significance for construction litigants. Background: The Prior Rule Texas summary judgment practice has long diverged from the federal model. The Texas Rules of Civil Procedure recognize two types of summary judgment motions: (1) the traditional motion for summary judgment, and (2) the “no-evidence” motion for summary judgment. The no-evidence motion — unique to Texas — may be filed only after adequate time for discovery has passed. No bright-line rule governs that determination; it depends on the unique circumstances of each case. Reprinted courtesy of Conor G. Bateman, Snell & Wilmer and Marsha Cotton, Snell & Wilmer Mr. Bateman may be contacted at cbateman@swlaw.com Ms. Cotton may be contacted at mcotton@swlaw.com Read the full story...

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Meet BWB&O’s Super Lawyers Rising Stars in Colorado!

April 08, 2026 — Dolores Montoya - Bremer Whyte Brown & O’Meara, LLP
Bremer Whyte Brown & O’Meara, LLP is thrilled to share that Partner Devin Brunson and Associate Melissa Youngpeter have been named to the Super Lawyers 2026 Colorado Rising Stars list. This recognition reflects their exceptional work in Personal Injury and Civil Litigation.

SUPER LAWYERS RISING STARS

Devin Brunson: 2024-2026

Melissa Youngpeter: 2026

Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

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Tampa Team Obtains Highly Favorable Verdict for Property Owner Client in Lawsuit over Traffic Accident

March 24, 2026 — Lewis Brisbois Newsroom
Tampa Managing Partner John Rine and Partner Nick Dareneau obtained a very favorable verdict for their property owner client in a Sarasota County trial in a lawsuit arising from a traffic accident. At the end of closing arguments, plaintiff’s counsel requested appropriately $18 million from the jury. The jury returned a net verdict of just over a thousand dollars. The plaintiff was on a scooter and was involved in an accident with an SUV in a parking lot intersection. Our firm represented the property owner. The plaintiffs argued that the landscape vegetation was too tall and violated the sight lines of the two drivers, and that the height of the shrubbery violated the owner’s landscaping contract and a local sight line ordinance. They also argued that the intersection lacked a stop sign in contrast to the other six parking lot entrances, which had stop signs. Read the full story...
Reprinted courtesy of Lewis Brisbois

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