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  • Article

    Whose Burden Is It To Ascertain The Value Of The Freight For Insurance Purposes?

    When freight loss occurs and the loss exceeds the limits of the motor carrier’s cargo coverage, the motor carrier and the transportation broker typically wind up at odds over who was responsible for determining the value of the shipment for insurance purposes.
    United StatesInsurance
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    2015 Amendments To The Federal Rules Of Civil Procedure

    The 2015 Amendments to the Federal Rules of Civil Procedure apply to all cases filed on or after December 1, 2015, and to existing cases so far as is "just and practical." Here are the major changes.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Are Federal Briefs About To Get Briefer?

    Noel Coward had it right in his play Hay Fever, where one character says, "Words.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Be Careful When You Say Your Prayers

    Your Sunday School teacher always taught you to say your prayers, right? Well, the Supreme Court of Texas recently taught a litigant to say her prayers RIGHT. And the lesson was an expensive one.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Effectively And Ethically Dealing With Unstable Pro Se Litigants

    Unrepresented litigants file 10% of civil cases in federal courts and an even higher percentage of civil cases in state courts.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Fifth District Court Of Appeals Says No More Shot-Gunning No-Evidence Motions For Summary Judgment

    In a recent en banc opinion, the Fifth District Court of Appeals held that movants must identify the specific element or elements challenged on a no-evidence summary judgment motion.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Is Everybody Here? Supreme Court Defines Necessary Parties

    Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person's absence would prevent complete relief...
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Loss Of Use Damages Now Recoverable Even When Property Is Destroyed

    Texas has long clung to a peculiar distinction about when loss-of-use damages are available in suits for damage to personal property.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Not Your Father's Supreme Court Attorneys' Fees

    With an ever increasing arsenal of fee-shifting statutes, most of jury verdicts include attorneys’ fees awards.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Texas Supreme Court Reverses One Of The Highest Sanctions Awards In Texas History

    In Nath v. Texas Children's Hospital and Baylor College of Medicine, the Court considered one of the largest sanctions awards in Texas history.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Texas Supreme Court Tweaks E-Filing Standards To Tell Filers Why They've Been Rejected

    Most of us have had a few months to get a taste of the new mandatory e-filing rules.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    The Lege Rocks Our World About Net Worth Discovery

    Each legislative session, the Texas Legislature overturns everyone's understanding of the way things work in certain nooks and crannies of the legal world.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    WARNING: Relying On The Courts' Electronic Filing Notices May Be Hazardous To Your Case

    Now that e-filing is no longer the exception, but the norm, and lawyers routinely conduct business via email, the speed and efficiency offered by technological advancements is not a luxury but a necessity.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    When Is An Appellate Opinion Not Law?

    We used to know immediately if an appellate opinion constituted a legal precedent – if it appeared in a printed book, and hadn't been reversed or overruled, it was the law (to one degree or another).
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Will Texas Get A New Intermediate Appellate Court?

    The 84th Legislative Session is upon us. With it comes a host of new bills—some grandiose, some housekeeping. But only a small portion of those introduced will make it past their infancy.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Supreme Court Weighs Fairness Of Fair Housing Act

    Texas Department of Housing & Community Affairs ("TDHCA") has petitioned the highest court to determine if the Fair Housing Act ("FHA") recognizes disparate impact claims.
    United StatesReal Estate and Construction
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Reports Of The Death Of Rail Trails Are Greatly Exaggerated

    Long ago Mark Twain observed that "reports of my death are greatly exaggerated." The same could apply to rail trails according to media coverage of a US Supreme Court decision in No. 12-1173, Marvin Brandt Revocable Trust v. U.S
    United StatesTransport
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Proposed Overtime Changes Could Affect Millions Of Business Owners

    The U.S. Department of Labor has proposed a new rule that would extend overtime pay to nearly 5 million additional white-collar salaried workers across the country.
    United StatesEmployment and HR
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Mark Sessions Discusses Judicial Vacancies In Federal Courts

    Mark Sessions, a civil litigator with Strasburger & Price in San Antonio, told Bloomberg BNA that cases are managed with the help of senior judges and those visiting from other areas.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Court Says ACDV Process Is Reasonable As A Matter Of Law

    Plaintiff alleged that Trans Union, Experian, and Equifax violated the FCRA, the New York FCRA, and New York common law by inaccurately reporting five accounts on his consumer report and by failing to conduct an adequate reinvestigation of those accounts.
    United StatesConsumer Protection
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.

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