Legislative Issues Articles

Earlier this month, the Supreme Court allowed a developer to maintain its suit against a lender for defaulting upon its loan commitment. In the case of Basic Capital Management, Inc., et al. v. Dynex Commercial, Inc., ___ S.W.3d ___ (Tex. 2011)(4/1/11), the lender required real estate developer to form single asset entities (SABREs) to finance…

In a recent article on cnn.com, Ruben Navarrette, Jr. discussed one of the central conundrums in the immigration debate, and the poorly-tempered “solution” proposed by one Texas state legislator. The problem, as Mr. Navarrette described it, is the balance between most Americans’ disdain for illegal immigration, and their addiction to the services provided by undocumented…

After the New York bus crash that killed 15 people earlier this month, transportation safety has frequently been in the headlines. The latest of these headlines focused on the lack of technology in large motor coaches. Technology such as adaptive cruise control and electronic stability control are not currently present in most commercial busses. Many…

The Texas Supreme Court recently threw out another case brought by a patient. In the case of Turtle Healthcare Group, L.L.C. d/b/a Fred’s Pharmacy v. Linan, et al., ___ S.W.3d ___(Tex. 2011)(2/25/11), the family of a woman who was dependent upon a ventilator asked the provider for extra supplies and batteries because of an approaching…

The federal judiciary has recently found itself in a precarious position. According to a February 8 article in the Washington Post, new bench vacancies are occurring at a rate of close to one per week, which has doubled the number of total vacancies since President Obama took office. Indeed, out of the 857 judgeships nationally,…

In a recent opinion, the Texas Supreme Court ruled that when a patient is unable to deliver a copy of an expert report to a doctor within 120 days after filing suit because the doctor cannot be located, the patient’s claim must be dismissed forever. The ruling will reward a doctor for avoiding a copy…

The Texas Supreme Court ruled recently that, in certain circumstances, a defendant who has been sued can blame a health care provider, but the patient cannot. The opinion was issued in Molinet v. Kimbrell, et al., ___ S.W.3d ___ (Tex. 2011). Texas has a procedural rule that allows a party being sued (“the defendant”) to…

Just recently, the Texas Department of Insurance has placed TWIA under administrative oversight. In a February 28, 2011 letter to TWIA, Texas Insurance Commissioner Mike Geeslin laid out a multitude of reasons why regulators believe that TWIA management is not capable of operating the organization “in a safe and sound manner.” According to Geeslin, TWIA…