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Year: 2012

Waiver of Bias Complaints in Arbitration

The Dallas Court of Appeals, in a case decided August 20, 2012, held that a litigant in arbitration who had information relevant to its post arbitration claim of "evident bias" waives that argument by failing to object to bias during the arbitration process. Ponderosa...

Paid vs. Incurred Medical Bills: Haygood and Beyond

In July 2011, the Texas Supreme Court in Haygood v. De Escabedo held medical expenses, and the admissibility of evidence of medical expenses, are limited by statute to the amounts actually paid or incurred by the claimant. Unfortunately, the opinion offers very little...

Setting Aside a Default Judgment

In a recent Texas Supreme Court case, the Court considered whether the Defendants satisfied the requirements to set aside a non-answer default judgment. See Milestone Operating Inc. v. ExxonMobil Corp., no. 11-0647, 2012 WL 5285085, (Tex. Oct. 26, 2012). In this case,...

Wrongful Death and Survival: Two Different Claims

The Fort Worth Court of Appeals attempted to clarify the sometimes confusing law concerning the damages available when a victim of negligence dies. Cunningham v. Haroona, NO. 02-07-00231-CV, 2012 Tex. App. LEXIS 7053 (Tex. App. Fort Worth Aug. 23, 2012, no pet.) (the...