During depositions there are many things that can go awry in the process, the most significant of which can be your client making a mistake or providing inaccurate testimony. What can you do? What remedies should you pursue, if any? You can cross examine your witness...
Under Rule 199.3 of the Texas Rules of Civil Procedure, a subpoena is generally required to compel a witness to attend an oral deposition. However, when a “witness is a party or is retained by, employed by, or otherwise subject to the control of a party…service of the...
Ambiguity and Enforcement of Arbitration Agreements The Texas Supreme Court concluded in a per curiam ruling on March 18, 2022, that three provisions in a written contract between a gentlemen's club and a deceased employee are not so ambiguous as to render the...
Last week, the Texas Supreme Court issued two significant grants in which the Court will consider (1) whether attorney-client privilege applies to documents provided to or created by an investigator and (2) whether a hotel qualifies as a “residence” for purposes of...
I walked into The Bassett Firm (“TBF”) on 10.31.05 for my first day of work. Little did I know then how profoundly my life as an attorney, as well as, person, father, and friend would change. I have said this time and time again - this is the hardest (yet, most...
In a recent judgment, the Texas Supreme Court addressed the applicability of Chapter 95 in an electrocution-injury lawsuit. The question in this case is whether a property owner has an obligation under Chapter 95 of the Civil Practice and Remedies Code to notify...
2022 is officially here and I’m not going to lie, it’s starting to feel like deja-vu all over again. The holidays came and went, and while I would have normally looked forward to catching up with my Team about their holidays over one of our Friday office breakfasts,...
Recently, the Supreme Court of Texas issued an opinion addressing the applicability of Chapter 95 in an electrocution-injury case. The case involved a property owner's liability for injuries sustained by its contractor's employees while they were working on the...
Loss of consortium is a type of damage claim that may be brought during personal injury actions – most often by the spouse of the person injured by a tortfeasor. Under such circumstances, “consortium” means the mutual right of the spouses to that affection, solace,...
In Texas state court, there are three objections that can be used in depositions. According to the Texas Rules of Civil Procedure, the only available objections are: (1) form, (2) non-responsive, and (3) leading. The interesting part about objections in a deposition...
