Earlier this year, the Texas Supreme Court clarified the law on when a property owner can be liable for injuries caused on adjacent property. In HNMC, Inc. v. Chan, a nurse was struck and killed by a driver while crossing the street in front of the hospital where she...
Getting someone else to pay for your mistakes is a sweet deal for you but not so much for the other person. In Texas, it has long been recognized that the “indemnification of a party for its own negligence is an extraordinary shifting of risk.”[1] For this reason,...
In recent years, there have been several key developments in the law concerning the amount a plaintiff may recover for past medical expenses in Texas personal injury cases and the discovery that may be conducted in this regard. At the outset, it is important to...
In recent years, transportation companies, particularly motor carriers, have faced increasingly challenging litigation landscapes. The courtroom battles have often been tough, with numerous seminars and presentations focused on strategies like "how to defeat the...
Earlier this year, the Texas Supreme Court issued a decision wherein it evaluated whether Ford Motor Company was entitled to repose—protection from products-liability action based on the date of the product’s sale. In Ford Motor Co. v. Parks[1], the Court provided...
The parties to a contract may agree to resolve any disputes via arbitration, rather than litigation; however, courts can elect not to enforce an arbitration agreement on the grounds that pursuing a claim in arbitration would be “so cost prohibitive that it prevents a...
The Texas Supreme Court recently issued its decision in Albertsons, LLC v. Mohammadi[1], and its decision has some important takeaways for premises liability claims. The case arose out of a slip-and-fall accident that occurred inside a Randalls’ grocery store. It made...
Words matter—especially in jury charges. Embellishing and broadening the definition of an employee can lead to a higher verdict at trial, but it may cost the plaintiff on appeal. Recently, in JNM Express, LLC, et al. v. Mr. and Mrs. Lozano (“JNM Express”), the Texas...
The Texas Workers’ Compensation Act provides mutual benefits to covered employees and subscribing employers. It ensures prompt medical and wage payments to injured employees and offers employers an exclusive remedy defense against lawsuits. However, complications arise when injuries involve subcontractor employees. The case ExxonMobil Corp v. Alvarez clarified that general contractors can extend workers’ compensation coverage to subcontractor employees through written agreements, thus upholding the exclusive remedy defense. This case underscores the importance of clear agreements for employers working with subcontractors.
Discover the ins and outs of enforcing electronic signatures in Texas with our comprehensive guide. Learn about the legal framework under Texas’s Uniform Electronic Transactions Act (UETA), ensuring validity, consent requirements, and security measures. Explore practical tips for businesses to comply with legal standards and safeguard electronic agreements.
