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...
Firm News
Death without a Will Part I: Identifying Heirs
“Everyone needs a will.” It’s a statement most have heard numerous times from attorneys, insurance agents, and financial/estate planners. Despite this common advice, many people do not draft a will or do any estate planning. But does it even matter? What happens when...
Discovery of a Defendant’s Net Worth is not Automatic
When pursuing or defending a personal injury claim, it is important to keep in mind that claims for exemplary damages do not automatically justify digging into a defendant’s financial information. A defendant’s financial information may very well be relevant such...
Texas Supreme Court Revisions of the Texas Rules of Civil Procedure
The Texas Supreme Court has recently issued an order amending the Texas Rules of Civil Procedure ("TRCP"). These amendments take effect on January 1, 2021. Through the Court's comments in its order amending the rules, it seems that the Supreme Court of Texas is moving...
When is Drug and Alcohol Testing Required for CMV Drivers?
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...
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...