Texas Supreme Court Clarifies Proximate Cause in a Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake
Casey Erick lists key takeaways from the June 2025 Texas Supreme Court opinion that clarified proximate cause in a catastrophic highway accident, including the requirement of a "Substantial Factor," the bar for negligence, and in this case - absence of derivative or direct employer liability.
Cowles Thompson Obtains Take-Nothing Summary Judgment in Wrongful Death Suit
Cowles Thompson obtained a take-nothing Summary Judgment in a wrongful death lawsuit for our client - a major retailer.
Fifth Circuit Expands Employer Liability for Sexual Harassment/Hostile Work Environment in Private Nude Video Case
The Fifth Circuit Court of Appeals reversed a summary judgment in favor of the City of Houston on a firefighter’s claim for sexual harassment/hostile work environment.
Texas Supreme Court Addresses Procedural and Substantive Requirements for Independent Medical Examinations of Plaintiffs
In most personal injury cases, it is usually the plaintiff’s treating doctors who have first-hand, personal contact with the plaintiff, as compared with most defense expert doctors who base [...]
Reasonable and Necessary Expenses in Personal Injury Cases
In recent years, one of the most contentious issues in personal injury cases has revolved around proof of medical expenses related to the plaintiff’s injuries. The common law requires a [...]
Texas Supreme Court Weighs In on Police Shootings (in the Private University Context)
Police-related shootings have been all-too-common in the last several years and especially during the more recent pandemic. Last year, the Texas Supreme Court had the opportunity to weigh in on [...]
Defamation Claims – A Matter of State Law
Photo: The popular 2019 meme of women seeming to yell at Smudge the cat. Defamation causes of action are once again hitting the headlines -- this time from the [...]
An Overview of the Civil Practices and Remedies Code Chapter 95
This article serves as an outline to Chapter 95 and how courts have construed the chapter. After twenty-five years of its enactment, courts have provided some guidance on how the [...]
The Wheels on the City Bus Go ‘Round and ‘Round – and Its Operator Still Owes a Higher Duty of Care, Per the Texas Supreme Court
In a June 26, 2020 opinion, the Texas Supreme Court rejected an argument asserted by a city bus operator that it did not owe its passengers the “higher duty [...]
So You’ve Been Sued for Defamation. Now What?
I recently worked on a case in which I was defending a client who was sued because of a business review he posted to an online blog. This article outlines [...]
