As most of us have shifted to working remotely, the need for secure procedures to keep private information safe is at an all-time high. Have you reviewed your cybersecurity plan lately? Does it provide necessary means to keep private information private? Chances are,...
Firm News
Guidance on Counter Affidavits Under Section 18.001
Recently, the Supreme Court of Texas 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...
Why The FMCSR Allows The Use Of Hands-Free Cell Phones – Part Two
Part two of this blog discusses additional studies that compare the use of hand-held and hands-free cell phones, and their effect on a driver's likelihood of being involved in an accident. Mobile Phone Use – Effects Of Handheld And Handsfree Phones On Driving...
Why The FMCSR Allows The Use Of Hands-Free Cell Phones – Part One
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...
How InstaCart Helped Me Take A Better Deposition
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...
Three key issues to consider in wrongful death actions
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!!
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...
What is the Current Burden of Proof for Recovering Future Medical Expenses?
For years, Plaintiffs seeking to recover future medical expenses have had to show a "reasonable probability" that medical expenses will be incurred in the future. See Sanmina-SCI Corp. v. Ogburn, 153 S.W.3d 639, 642 (Tex. App.—Dallas 2004, pet. denied). This included...
Application of §18.001 Affidavits in Federal Court
Section 18.001 of the Texas Civil Practice and Remedies Code governs affidavits and counter-affidavits regarding the reasonableness and necessity of medical services. While §18.001 is characterized as procedural in Texas state courts, Federal Courts in Texas are...
Death Without a Will Part II: Administering the Estate
In the first part of this series, Death without a Will Part I: Identifying Heirs, we provided an overview of what occurs when a person dies without a will—when a “decedent” dies “intestate,”—and we analyzed the heirship proceeding that must be completed following the...