Legal News Articles

Picture of Ben Agosto III

California Raises Medical Malpractice Damages Cap—Will Other States Follow?

On Monday, May 23, 2022, California Governor Gavin Newsom signed California Assembly Bill 35 into law, which raised the non-economic damages cap that plaintiffs may receive in medical malpractice cases. In doing so, it was the first increase in the non-economic damages cap in medical malpractice cases since the California Legislature first enacted a cap…

Read More
Picture of Ben Agosto III

Texas Civil Practice & Remedies Code Chapter 95 – The Entire Workplace Cannot Be An “Improvement”

In Texas, a landowning defendant sued under a premises liability theory of negligence is afforded a particularly stalwart affirmative defense pursuant to Texas Civil Practice and Remedies Code Chapter 95. Referred to commonly as simply “Chapter 95,” it “applies to a claim, counterclaim, cross-claim, or third-party claim (1) for damages caused by negligence resulting in…

Read More
Picture of Ben Agosto III

FORMOSA PLASTIC’S $50 MILLION PUNISHMENT UPHELD BY SOUTHERN DISTRICT OF TEXAS DISTRICT COURT

On March 22, 2022, U.S. District Judge Kenneth Hoyt of the Southern District of Texas harshly ruled that Formosa Plastics’ excuses for skirting a $50 million consent decree because of the dumping of billions of plastic pellets in the Gulf of Mexico “fail[ed] on all counts.” In the face of this wanton pollution, corporate plastics…

Read More
Picture of Benny Agosto, Jr.

NON-SUBSCRIBERS AND THE TEXAS LABOR ACT

The Texas Workers’ Compensation Act allows employers to subscribe to a workers’ compensation insurance program. This insurance allows employees of subscribers to recover for injuries without establishing the employer’s fault and without regard to the employee’s negligence. Subscribed Texas employers, in return for subscribing to the Act, cannot be sued by their employers in most…

Read More
Picture of William N. Farmer

The Importance of Move Over/Slow Down Laws in Texas

A recent poll revealed that as many as one (1) in four (4) Texas drivers are unaware that Texas law requires drivers to move over or slow down when passing emergency vehicles or utility vehicles. Specifically, Texas Transportation Code § 545.157 requires drivers to vacate the lane closest to a stopped emergency vehicle or utility…

Read More
Picture of Benny Agosto, Jr.

Liability Insurance Required For “Party Boats”

Like motorists, boat drivers have duties and responsibilities when operating boats in a safe manner. However, boating accidents are still a common occurrence, and damages stemming from these types of accidents can be substantial. Boat owners must make sure that crew members are trained and certified to operate commercial boats. They must also ensure that…

Read More