This summer, the Texas Supreme Court handed down its decision in Gregory v. Chohan, addressing how non-economic damages should and should not be proven in order to survive factual and legal sufficiency challenges. Part one of this series will address what not to do...
In recent years, savvy Plaintiff attorneys have employed a variety of tactics to weaponize corporate representative depositions and increase case value. One such tactic from savvy Plaintiff attorneys has been sending overly broad—and sometimes outright abusive—topic...
A party is entitled to mandamus relief when it can show that a trial court “clearly abused its discretion” and that the party “lacks an adequate remedy by appeal.” When a trial court denies a party’s request for discovery on improper grounds, thereby preventing the...
Part 2 In the first of this two-blog series, the key requirements for designating known RTPs were summarized. This time, the different requirements for designating unknown RTPs will be addressed. Section 33.004(j) of the Texas Civil Practice and Remedies Code...
Part 1 Section 33.004 of the Texas Civil Practice and Remedies Code sets forth the requirements for designating responsible third parties (RTPs) in Texas. There are different requirements for designating a known RTP and an unknown RTP. Although it can be easy to...
Employers and insurance companies need to follow workers' compensation laws. However, employers and insurers face several noncompliance issues. Inadequate insurance coverage Employers need to offer adequate workers' compensation insurance. This coverage protects their...
In 2020, the value of goods imported to the United States from China totaled $434.7 billion. That same year, China was our largest supplier of imported goods. Thus, there is no question that many consumer goods are imported from foreign entities. What then happens...
Vehicle accidents involving large commercial trucks can cause catastrophic amounts of damage, and trucking companies have an obligation to take appropriate measures toward minimizing the risk of such accidents. The National Safety Council reports the involvement of...
Historically, Texas has rejected the English common-law rule, which imposes a duty on livestock owners to restrain their animals. However, the Texas Constitution explicitly authorized the Legislature to deviate from this rule should they choose. Tex. Const. Art. XVI...
During depositions there are many things that can go awry in the process, the most significant of which can be your client making a mistake or providing inaccurate testimony. What can you do? What remedies should you pursue, if any? You can cross examine your witness...
