Over the last several weeks, the court has issued several opinions and grants. This blog discusses one opinion which addresses issues of particular interest. In Lemuel David Hogan v. Stephanie Montagne Zoanni, the Texas Supreme Court considered (1) whether David Hogan...
Over the last several weeks the Texas Supreme Court issued several opinions. This blog discusses two of those opinions, which provide guidance on several important issues. First, in In re K&L Auto Crushers LLC and Thomas Gothard Jr., the Texas Supreme Court...
The Federal Motor Carrier Safety Regulations prohibits the use of hand-held mobile devices but allows the use of hands-free devices while operating a CMV. This two-part blog discusses the studies conducted and rationale behind allowing the use of hands-free mobile...
The pandemic of 2020. Everybody’s lives have changed in ways they could have never imagined. One of those way, for me, is having my groceries delivered to my door. As I was going through my InstaCart order last Sunday, I realized that this method of grocery shopping...
Over the last several weeks, the Texas Supreme Court has been very busy and has issued opinions on a variety of issues including the interplay between contractual provisions and evidence of actual control in the evaluation of whether a worker is an independent...
1. Who is a "wrongful death beneficiary"? There is no recognized common-law cause of action for "wrongful death" in Texas; however, such a cause of action has been established by statute, which is codified as Chapter 71 of the Texas Civil Practice and Remedies Code....
Watch your Six! A military term to watch out behind you. The term is equally applicable to truck drivers. Although rear underride guards (a/k/a ICC bars or rear bumpers) have been required for more than 65 years, they are not included on the list of safety related...
This week the Texas Supreme Court issued an opinion that provides much needed clarification on the requirements imposed on controverting affidavits under Section 18.001 of the Texas Civil Practice and Remedies Code. Specifically, in the matter of In re Allstate...
Last week the Texas Supreme Court issued one opinion and no grants. This blog discusses that opinion which addresses designation of unknown responsible third parties. In In re Gilberto Gonzales, Gonzales sued Houston Distributing for negligently causing an automobile...
This week the Texas Supreme Court issued no opinions and six grants. This blog discusses two of those grants. First, in In re USAA General Indemnity Co., out of the Corpus Christi-Edinburg Court of Appeals, the Court is set to hear oral arguments on March 24, 2021....
