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 their opinions on a review of plaintiff’s medical records. However, [...]
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 plaintiff prove that the medical expenses he or she incurred [...]
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 the potential liability of a private university for the shooting [...]
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 presidential family itself. Ivanka Trump and Jared Kushner are threatening [...]
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 statute fits within the larger context of tort law. Though [...]
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 of care” owed by “common carriers.” In VIA Metropolitan Transit [...]
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 things I learned defending this case that may not be [...]
In an appeal of a jury award in an asbestos/ mesothelioma wrongful death case, the Dallas Court of Appeals had the opportunity to re-visit the statutory cap provision addressing exemplary/punitive damages awards. Specifically, in The Goodyear Tire & Rubber Company [...]
A recent University of Texas study estimated that “234,000 people of all ages work under involuntary servitude or debt bondage in Texas. Meanwhile, about 79,000 children and young adults are coerced or deceived into prostitution...”~ Austin American Statesman, Jan. 24, [...]
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