The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

Posts tagged "Texas"

The Duty to Defend: Causation Ambiguity Leads to Admission of Extrinsic Evidence

car wreck front.jpgThe Facts:  Eddie Siegmund was injured in an automobile collision caused by the negligence Mariana Esquivel. Siegmund subsequently filed suit. Star-Tex Resources and Esquivel sought a defense from Granite State Insurance Company under a CGL policy.  Granite State denied a defense based on the policy's auto use exclusion. Star-Tex and Esquivel then filed a declaratory action seeking a defense and indemnity from Granite State. Both sides moved for summary judgment on defense and indemnity. 

June 2013 TBF Practice Tip

Conflict of Interest 06.03.13.jpg
The Answer (Part 2): Again, you have the Plaintiff's Original Petition. Jurisdiction and venue look good. However, father has sued individually and as next friend of his minor daughter. Both father and minor daughter were injured in an ATV accident caused by a defect in the ATV. Minor daughter was seriously injured while father only received minor injuries requiring no significant medical treatment, but resulting in loss of wages.

Holding Plaintiffs' Attorney to Task: Setting a higher bar for recovery of attorney fees

In 2006, the Texas Supreme Court provided a comprehensive set of guidelines requiring limited proof by Plaintiffs' attorneys for recovering attorney fees in cases where attorneys fees are statutorily mandated. The case, Tony Gullo Motors I, L.P. v Chapa, 212 S.W.3d 299 (Tex. 2006), required that claimants segregate their claims into recoverable and non-recoverable claims, and offer evidence that the fees were related to claim covered by the statute mandating attorney fees. 

Three Recent Texas Appellate Cases Examine the Standard for Obtaining Limited Discovery on the Enforceability of an Employment Injury Arbitration Agreement

In this recent case, Maria Figueroa sued her employer VNA in state court for negligence due to an on-the-job injury. In re VNA, Inc., 2013 WL 1776079 (Tex. App.-El Paso 2013, no. pet. h.) VNA moved to compel arbitration on the basis of an agreement between Figueroa and VNA that employee injury claims would be arbitrated. Figueroa requested limited discovery on the enforceability of the arbitration agreement.

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