Legal News Articles

Picture of David J. Baluk

The Fifth Circuit Holds that a Manufacturer’s Transfer of a Vehicle to a Dealer is a “Sale of the Product” that Triggers the Statute of Repose

The Texas Civil Practice and Remedies Code indicates that “a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant.”  See Tex. Civ. Prac. & Rem. Code §16.012(b).  This is known as…

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Picture of Brant Stogner

Blood Tests Now Required for Drivers Who Hit Pedestrians

The Texas legislature recently passed a law mandating blood tests following auto-pedestrian accidents. An auto-pedestrian accident is a motor vehicle accident in which a pedestrian is hit by a vehicle. Prior to the passing of this law, a driver’s blood was only tested if the investigating officer suspected a driver was under the influence of…

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Abraham Watkins

Pedestrian Deaths Prompt Passage of New Law

Drivers who injure pedestrians and cyclists in a crosswalk may now face criminal negligence charges after the recent passage of the Lisa Torry Smith Act. Signed by Gov. Abbott on June 18, the new law will go into effect this September 1. The law is named after Lisa Torry Smith, a Missouri City woman who…

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Abraham Watkins

The Perils of the Seaman Status– 5th Circuit Revised Seaman Status Test

The Fifth Circuit’s recent en banc decision in Sanchez v. Smart Fabricators of Texas, L.L.C., No. 19 20506,2021 WL 1882565 (5th Cir. May 11, 2021) upends 20 years of its own precedent and reformulates the seaman status analysis. The plaintiff in the lawsuit was a welder working on a jack up-rig. Sanchez had been onboard the second of two…

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Picture of Benny Agosto, Jr.

Ladder Violations and Lack of Respiratory Protection Claim Top 5 Spot in Osha’s Top 10 Most Frequently Cited Standards

Workplace accidents are normally due to a failure to follow standards set by the Occupational Safety and Health Administration. Every fiscal year, OSHA publishes a list of the Top 10 Most Frequently Cited Standards to educate employers as to the commonly cited standards so they can “take steps to find and fix recognized hazards addressed…

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Abraham Watkins Scores Victory Under New 5th Circuit Maritime Precedent

In Sanchez v. Smart Fabricators, a unanimous, en banc decision of the 5th Circuit upended existing precedent in greatly narrowing the critical threshold issue of who qualifies as a seaman under the Jones Act.  As one of the leading personal injury firms in the nation, and the longest operating in Texas, Abraham Watkins attorneys Benny…

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