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Year: 2013

The Bassett Firm Holiday Newsletter!

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You Call Yourself a Plaintiff?

A recent case out of the Texas Court of Appeals in Corpus Christi decided the question of whether a wrongful death beneficiary residing in Texas may bring an action on behalf of a decedent who was a citizen of Mexico and for events that occurred in Mexico.  The Texas...

Does Causation Matter in Negligent Hiring Cases?

Last year the Texas Supreme Court decided whether an employer can be liable for negligent hiring and supervision despite no employee causing any harm to a Plaintiff. Wansey v. Hole, 379 S.W.3d 246 (Tex. 2012). Facts Hole's daughter attended a driving school owned by...

We have a deal! (Not quite yet)

The Court of Appeals for the 14th District of Texas has ruled that a settlement agreement is not valid, even if the other party effectively accepted the settlement offer, if the accepting party does not accept all material terms of the offer. Amedisys Inc....

October 2013 TBF Practice Tip: The Jury Charge

The Word You Never Want to Hear Waiver. No matter how long you have practiced, you never want to hear that word when addressing jury charge error. It shows up repeatedly in opinions year after year, but why? According to the Texas Supreme Court last year, it means you...

How to Cut a Check for Hospital Liens

Does an insurance carrier comply with the Tex. Prop. Code Ann. §§ 55.001-007 when it issues a check in settlement of a personal injury claim to the claimant and the hospital jointly? A recent case out of Corpus Christi answers this question. The Case McAllen...

Generally, Be Very Specific

Can a party preserve specific objections to discovery by filing a Protective Order? One recent case out of Tyler, Texas, answers that question. The Case: In re Park Cities Bank, 2013 Tex. App. LEXIS 10254 (Tex. App.-Tyler Aug. 15, 2013). The Brief Facts: The facts of...