The Department of Transportation (DOT) has established new regulations for drug and alcohol testing that pertains to CMV drivers. If your diver is governed by the Federal Motor Carrier Safety Regulations (FMCSR), he/she is subject to pre-employment drug and alcohol...
Firm News
The Itsy Bitsy Spider: Texas Supreme Court Decision on the Farae Naturae Doctrine
The farae naturae doctrine, also known as the wild animal doctrine, protects the property owner from a claim by an invitee claiming that the owner has a duty to warn. Specifically, it limits the liability of an owner for any harm caused by indigenous animals on the...
Defense Attorney Sanctioned After Pre-Trial Survey of the Jury Pool: Texas Supreme Court Overrules
The Supreme Court of Texas recently reversed an order for sanctions against the defense attorney in a product-liability and wrongful-death case after finding a lack of evidence to support bad-faith. In Brewer v. Lennox Hearth Prods., LLC, the attorney for a...
Defense Attorney Sanctioned After Pre-Trial Survey of the Jury Pool: Texas Supreme Court Overrules
The Supreme Court of Texas recently reversed an order for sanctions against the defense attorney in a product-liability and wrongful-death case after finding a lack of evidence to support bad-faith. In Brewer v. Lennox Hearth Prods., LLC, the attorney for a...
THE PITFALLS OF EXPERT QUALIFICATION
A recent opinion from the Southern District of Florida, O’Malley v. Royal Caribbean Cruises, Ltd., provides a stark reminder of the importance of properly qualifying an expert. No. 17-21225-Civ-SCOLA/TORRES, 2018 Lexis 99052 (S.D. Fla. June 13, 2018). In this case,...
Harnessing the Power of the Millennial Lawyer
Millennials are the largest generation since the Baby Boomers. That might be a frightening reality to some lawyers, especially those of the Boomer generation. We have all heard the stories and rumors about how exasperating millennials are: they’re always on their...
The Bassett Firm Operations Amid COVID 19 Pandemic
On March 13th the Supreme Court of Texas issued its first order regarding COVID-19 that permitted all judges to modify or suspend any deadlines and procedures and move to remote hearings, depositions, and other proceedings. This order also permitted the extension of...
Social Media and Texas Court Rooms
Today social media is used for any and everything. People use social media to stay connected with friends and family, to promote businesses, to share memories, or just as entertainment. According to Statista.com, in 2019 seventy-nine percent of America, which is...
Drug & Alcohol Clearinghouse: What Carriers and Drivers Need to Know
Federal Motor Carrier Safety AdministrationOn January 6, 2020, the Federal Motor Carrier Safety Administration's (FMCSA) Drug and Alcohol Clearinghouse will go LIVE. All Motor Carriers, and their vendors that assist in administering the Carrier's federally mandated...
Cross-Examination of the Plaintiff’s Trucking Safety Expert: Eight Steps to Neutralize One of Your Biggest Threats
Part 8 - Conducting the Actual Cross-ExaminationIn this 8-part blog series, we have explored tips for preparing an effective cross-examination of trucking safety experts.Last week, we discussed the importance of strategically structuring your cross-examination. This...