The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

Texas Civil Trial Blog

Drones Revisited: Local Government Regulation

Introduction:

Earlier in our series on drones, we analyzed the Taylor v. Huerta case where the D.C. Circuit Court struck down an FAA regulation requiring the registration of recreational use drone operators. Today, we look at a recent case from the United States District Court of Massachusetts invalidating portions of a local ordinance pertaining to drones.

Inflated Charges, CPRC § 41.0105, and § 18.001

As discussed in our previous multi-part blog series, § 18.001 affidavits are a valuable tool in a Plaintiffs arsenal. A proper § 18.001 affidavit, in the absence of a proper controverting affidavit, is sufficient evidence to support a finding of fact by the jury that the medical services and charges were both reasonable and necessary and may preclude a party from offering controverting expert testimony at trial. For these reasons, it is important to know when an § 18.001 affidavit is proper.

What Jurors Will Tell You If You Ask (And Listen)

Recently, our Firm tried a case where the Plaintiff alleged a traumatic brain injury. The Plaintiff's attorney on the other side (very competent) had a sympathetic witness, and a well-known expert to say that the Plaintiff had a traumatic brain injury. Likewise, our client was a very nice lady and we had (in my humble opinion) a fairly good expert ourselves.

Back to Basics: Withholding Privileged Documents in Discovery

Generally, in Texas, a party to a lawsuit may request and obtain discovery about anything so long as the information or documents sought are (1) relevant and (2) not privileged. See TRCP 192.3(a). Importantly, the party from which the information or documents is requested, is required to produce documents or tangible things within the party's possession, custody, or control. See TRCP 192.3(b).

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