Legislative Issues Articles

Two oil workers and the family of another filed a lawsuit claiming the workers were abandoned by a ship in the Gulf of Mexico that could have taken them to safety following Tropical Storm Nate. The workers were forced to evacuate their disabled vessel during the tropical storm and float on an inflatable raft that…

In the last year, states across the national have enacted laws limiting use of cell phones and electronic devices behind the wheel. Thirty-four states and the District of Columbia ban texting while driving. Nine states and the District of Columbia also ban handheld cell phone use. These laws, targeted at drivers of regular vehicles and…

In a recent decision, the Texas Supreme Court ruled that an injured employee who was denied worker’s compensation benefits was not entitled to sue the carrier for its violations of the Texas Insurance Code. The case is Texas Mutual Insurance Company v. Ruttiger, ___ S.W.3d ___ (Tex. 2011). In it, a carrier denied benefits to…

Some of this year’s earlier legislation arising out of Texas House Bill 274 regarding lawsuits has recently gone into effect. Part of that legislation directed the Texas Supreme Court to develop certain procedural guidelines to implement that legislation. One area that has recently been reviewed by several stake holders in the litigation practice involves the…

According to a report from the San Antonio Express, rural Texas hospitals are facing cuts to programs and services that jeopardize already strained resources. Hospital administrators are trying to come up with solutions before Thursday, when “cost-saving” measures to Medicaid passed during the 82nd Legislature go into effect. The first cuts came in 2010 in…

In a recent case, the Texas Supreme Court enforced an agreement between friends to purchase 3,800 acres for investment property. The case was Ganim v. Alattar, ___ S.W.3d ___ (Tex. 2011)(6/24/11). In it, two friends decided to invest in property and form a partnership to own it. After they made an offer on the property…

The Nebraska Supreme Court will determine whether a $2.5 million verdict awarded to two young girls who were seriously injured in a sledding accident should be overturned. In December of 2000, Rachel and Chelsea Connelly were sledding down Memorial Park Hill when they violently collided into a crabapple tree planted by the city. Experts maintain…

In a recent opinion, the Texas Supreme Court ruled in favor of an employer which was trying to prevent a former employer from working for a competitor. The case was Marsh USA, Inc. v. Cook, ___ S.W.3d ___ (Tex. 2011)(6/24/11). In it, when an executive exercised stock options, he was required to sign a covenant…