5th Circuit Panel Says Appellant Waived Right To Argue That Texas Law Applies

Mealey's (December 14, 2017, 9:51 AM EST) -- NEW ORLEANS — An insured’s assignee whose lungs were damaged by the inhalation of an excess amount of chlorine in the insured hotel’s hot tub waived the right to argue that Oklahoma law, rather than Texas law, should be applied because the assignee failed to argue that the application of Texas law was a manifest injustice, the Fifth Circuit U.S. Court of Appeals said Dec. 13 in affirming the district court’s ruling in favor of the insurer (Wesley Howard v. Maxum Indemnity Co., No. 16-11746, 5th Cir.)....