Cowles Thompson Obtains Take-Nothing Summary Judgment in Wrongful Death Suit
Cowles Thompson obtained a take-nothing Summary Judgment in a wrongful death lawsuit for our client - a major retailer.
Fifth Circuit Expands Employer Liability for Sexual Harassment/Hostile Work Environment in Private Nude Video Case
The Fifth Circuit Court of Appeals reversed a summary judgment in favor of the City of Houston on a firefighter’s claim for sexual harassment/hostile work environment.
Texas Supreme Court Addresses Procedural and Substantive Requirements for Independent Medical Examinations of Plaintiffs
In most personal injury cases, it is usually the plaintiff’s treating doctors who have first-hand, personal contact with the plaintiff, as compared with most defense expert doctors who base their opinions on a review of plaintiff’s medical records. However, [...]
Reasonable and Necessary Expenses in Personal Injury Cases
In recent years, one of the most contentious issues in personal injury cases has revolved around proof of medical expenses related to the plaintiff’s injuries. The common law requires a plaintiff prove that the medical expenses he or she incurred [...]
Texas Supreme Court Weighs In on Police Shootings (in the Private University Context)
Police-related shootings have been all-too-common in the last several years and especially during the more recent pandemic. Last year, the Texas Supreme Court had the opportunity to weigh in on the potential liability of a private university for the shooting [...]
Defamation Claims – A Matter of State Law
Photo: The popular 2019 meme of women seeming to yell at Smudge the cat. Defamation causes of action are once again hitting the headlines -- this time from the presidential family itself. Ivanka Trump and Jared Kushner are threatening [...]
An Overview of the Civil Practices and Remedies Code Chapter 95
This article serves as an outline to Chapter 95 and how courts have construed the chapter. After twenty-five years of its enactment, courts have provided some guidance on how the statute fits within the larger context of tort law. Though [...]
The Wheels on the City Bus Go ‘Round and ‘Round – and Its Operator Still Owes a Higher Duty of Care, Per the Texas Supreme Court
In a June 26, 2020 opinion, the Texas Supreme Court rejected an argument asserted by a city bus operator that it did not owe its passengers the “higher duty of care” owed by “common carriers.” In VIA Metropolitan Transit [...]
So You’ve Been Sued for Defamation. Now What?
I recently worked on a case in which I was defending a client who was sued because of a business review he posted to an online blog. This article outlines things I learned defending this case that may not be [...]
Exemplary Damages — Re-Visiting the Damages Cap Calculation
In an appeal of a jury award in an asbestos/ mesothelioma wrongful death case, the Dallas Court of Appeals had the opportunity to re-visit the statutory cap provision addressing exemplary/punitive damages awards. Specifically, in The Goodyear Tire & Rubber Company [...]
