The ability to contract allows parties to negotiate terms, including the choice of law provision, which determines the legal framework governing their agreement. However, whether a Texas court will enforce such provisions depends on several key factors. When Will...
In September 2021, Texas passed House Bill 19 which provides for the bifurcation of trials involving commercial motor vehicles. Importantly, HB 19 only applies where a Plaintiff alleges vicarious liability against a trucking company for its driver’s negligence....
In 2017, Texas made a pioneering move in adopting autonomous vehicle (AV) technology by passing Senate Bill 2205 (SB 2205), which established a legal framework for the testing and operation of self-driving cars on public roads. This law marked Texas as an early...
Earlier this year, the Texas Supreme Court clarified the law on when a property owner can be liable for injuries caused on adjacent property. In HNMC, Inc. v. Chan, a nurse was struck and killed by a driver while crossing the street in front of the hospital where she...
Getting someone else to pay for your mistakes is a sweet deal for you but not so much for the other person. In Texas, it has long been recognized that the “indemnification of a party for its own negligence is an extraordinary shifting of risk.”[1] For this reason,...
In recent years, there have been several key developments in the law concerning the amount a plaintiff may recover for past medical expenses in Texas personal injury cases and the discovery that may be conducted in this regard. At the outset, it is important to...
In recent years, transportation companies, particularly motor carriers, have faced increasingly challenging litigation landscapes. The courtroom battles have often been tough, with numerous seminars and presentations focused on strategies like "how to defeat the...
Earlier this year, the Texas Supreme Court issued a decision wherein it evaluated whether Ford Motor Company was entitled to repose—protection from products-liability action based on the date of the product’s sale. In Ford Motor Co. v. Parks[1], the Court provided...
The parties to a contract may agree to resolve any disputes via arbitration, rather than litigation; however, courts can elect not to enforce an arbitration agreement on the grounds that pursuing a claim in arbitration would be “so cost prohibitive that it prevents a...
The Texas Supreme Court recently issued its decision in Albertsons, LLC v. Mohammadi[1], and its decision has some important takeaways for premises liability claims. The case arose out of a slip-and-fall accident that occurred inside a Randalls’ grocery store. It made...
