In a per curiam opinion, the U.S. Court of Appeals for the Fifth Circuit has affirmed summary judgment in favor of Ware Jackson’s client, a chemical manufacturer, on premises liability claims asserted by an employee of an independent contractor who had sought over $10 million for injuries he sustained while working on the client’s premises. The Fifth Circuit agreed with the lower court that Ware Jackson’s client had no knowledge of any dangerous condition on its premises and that the client did not control the independent contractor’s activities. It also affirmed the exclusion of the plaintiff’s expert’s opinion regarding the premises owner’s knowledge.

Michelle Blair was lead appellate counsel and presented the oral argument. Paul Smith, Margaret Bryant, and Simone Dawson assisted with the appeal and helped secure the victory in the district court. The appellate opinion is: George v. SI Group, Inc., No. 25-40286, 2026 WL 1985321 (5th Cir. July 9, 2026).

Partners Eileen O’Neill and Michelle Blair secured an appellate victory for a common carrier that had been sued for negligence when a passenger committed a crime after disembarking. The Eleventh Court of Appeals in Eastland affirmed summary judgment for the carrier, holding that common carriers do not have a duty to protect the general public from passengers and that there was an insufficient causal nexus between the carrier’s decision to remove its passenger and the crime committed by the passenger hours later. The opinion is Garrett v. Wal-Mart Stores Tex., LLC, No. 11-24-00058-CV, 2026 WL 842979 (Tex. App.—Eastland Mar. 26, 2026, no pet. h.).

A plaintiff who was incarcerated after driving while heavily intoxicated and causing a fatal collision sued Ware Jackson’s client that had worked on a project with the plaintiff’s employer. The plaintiff asserted claims of general and gross negligence, alleging that the client had contributed to causing his intoxication and the subsequent accident. The district court in Jefferson County, however, granted Ware Jackson’s motion to dismiss, which argued the plaintiff’s claims had no basis in fact or law because the client owed him no duty and did not cause the accident. Accordingly, all claims against the client were dismissed. The trial team included Paul Smith, Michelle Blair, and Jared Peloquin.