Here is the final installment of the two-part comprehensive summary of the new Rules for Expedited Actions recently approved by the Texas Supreme Court. The new Rules can be found in their entirety here.Trial: Must be set, upon request, within 90 days after the 180...
Month: February 2013
New Texas Rule of Civil Procedure 169 Expedited Actions: Part 1
This is part one of a two-part comprehensive summary of the new Rules for Expedited Actions recently approved by the Texas Supreme Court. The new Rules can be found in their entirety here. Effective Date: Applies to cases filed on or after March 1, 2013.When it...
Final Version of Rules for Dismissals and Expedited Actions
A comprehensive summary of the new Rules for Dismissals and Expedited Actions recently approved by the Texas Supreme Court. This is a "must know" for any practicing attorney in Texas.Amended Rule 47: Claims for ReliefEffective Date:· Applies to any case filed on or...
What is a “Whistle Blower” Lawsuit?
The United States Government may seem all-knowing and powerful, but in truth, it is often susceptible to fraud and deception. Everyday, especially during tax season, individuals or companies attempt to defraud the government in order to receive or avoid paying money....
The Impact of the New Texas Expedited Trial Rules on Mediation
The new Texas expedited trial rules are set to go into effect on March 1, 2013. The new rules affect pleadings, discovery, and the ADR process in cases valued at under $100,000.00. Before this rule, courts had the ability to order cases to mediation. New Rule 169 will...
The Effects of Obstructive Sleep Apnea on the Transportation Industry
A large percent of truck drivers are at risk for Obstructive Sleep Apnea (OSA). OSA occurs when there are periods of complete or partial blockage of the upper airway during sleep. Those at the greatest risk for OSA are men and postmenopausal women, older than 42, who...
Primary vs. Ancillary Claims Case to be Heard in Supreme Court
The Supreme Court heard arguments today on In re John W. Cook, et al., a case that could yield a clarification of what constitutes primary and ancillary relief in Pleadings, along with direction on enforcing mandatory venue provisions in light of contradictory...
Elements Needed in Non-Compete Agreements in Texas
In Texas, there are two elements that must be present when determining the validity of non-compete agreements: (1) the non-compete agreement must be ancillary to an otherwise enforceable agreement and (2) the non-compete agreement must contain reasonable limitations...