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…
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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…
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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…
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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…
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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…
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The ongoing COVID-19 pandemic has undoubtedly affected every aspect of our lives and left an indelible mark on the legal profession. It ushered in new terms, technologies, and even societal norms. Lawyers used Zoom and other teleconference applications to attend hearings and conduct depositions . . . all without leaving their homes. It also brought…
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On September 1, 2021, a new law will go into effect in Texas that will upend civil protections for those injured or killed as a result of the negligence of a commercial truck driver. Specifically, the new law is found in the form of supplement to Section 72 of the Texas Civil Practice and Remedies…
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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…
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