In a recent judgment, the Texas Supreme Court addressed the applicability of Chapter 95 in an electrocution-injury lawsuit. The question in this case is whether a property owner has an obligation under Chapter 95 of the Civil Practice and Remedies Code to notify...
Firm News
Positivity in 2022
2022 is officially here and I’m not going to lie, it’s starting to feel like deja-vu all over again. The holidays came and went, and while I would have normally looked forward to catching up with my Team about their holidays over one of our Friday office breakfasts,...
When Does Chapter 95 Apply and What Constitutes an “Improvement”?
Recently, the Supreme Court of Texas issued an opinion addressing the applicability of Chapter 95 in an electrocution-injury case. The case involved a property owner's liability for injuries sustained by its contractor's employees while they were working on the...
Loss of Consortium Claims
Loss of consortium is a type of damage claim that may be brought during personal injury actions – most often by the spouse of the person injured by a tortfeasor. Under such circumstances, “consortium” means the mutual right of the spouses to that affection, solace,...
Texas Deposition Objections
In Texas state court, there are three objections that can be used in depositions. According to the Texas Rules of Civil Procedure, the only available objections are: (1) form, (2) non-responsive, and (3) leading. The interesting part about objections in a deposition...
Designation of Unknown Parties as a Responsible Third Party
Texas Civil Practice and Remedies Code §33.004 §33.004 of the Texas Civil Practice and Remedies Code governs the designation of a Responsible Third Party. While sections (a)-(i) of §33.004 discuss designating a known Responsible Third Party, this blog discusses...
Cybersecurity: The Importance of Keeping Digitally Stored Information Secure
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,...
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...