ArticleTrial & Error: Tips For Trial LawyersIt's that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleFMCSA Releases New Hours Of Service Rules - Eleventh Hour Is Preserved - Industry Has Until July 1, 2013 To ComplyOn December 21, 2011 the Office of Management & Budget transmitted its approval of the latest rewrite by the Federal Motor Carrier Safety Administration (FMCSA) of its rules governing the number of hours that a driver of a commercial motor vehicle (CMV) may be on duty and operate a CMV. United StatesGovernment, Public SectorStrasburger & Price, L.L.P.
ArticleSleeping On Your Rights: What Is The Difference Between A Statute Of Repose And A Statute Of Limitations?The Texas Supreme Court recently considered the difference between statutes of repose and statutes of limitation in Federal Deposit Insurance Corp. v. Lenk, 361 S.W.3d 602 (Tex. 2012). United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleThe Appeal-Filing Opera Ain't Over Until The E-Filing System SingsNothing strikes fear into a lawyer's heart like filing an appeal on the last day. In the old days, the cautious lawyer took the envelope to the clerk's office or post office himself or herself...United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleDiscovery Of Computers And Other Electronic Devices - How To Take Matters Into Your Own HandsIt is now standard in almost every case to seek discovery of electronic data. United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleNow Available! New Form I-9On November 14, 2016, US Citizenship and Immigration Services (USCIS) released a revised version of the Employment Eligibility Verification Form I-9.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleStaying Out Of The Courtroom In The New YearThere are many types of legal claims that employees can bring against an employer.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleWho Has Final Say Over Who Has To Pay For Birth Control?Should the Church, State or the Courts say whether an employer health plan must provide preventative medical services, including birth control, at no cost to patients? United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleFood Labeling – FTC Fumbles The First AmendmentOn January 10, 2013 the Federal Trade Commission issued its Opinion, a long awaited next-step in the arduous journey of In the Matter of POM Wonderful LLC et al to the United States Supreme Court that is provided that POM has enough fight left to continue this battle.United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleNYC Under "A-Salt"New York City's new sodium warning law received its first official challenge this month.United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleThe Benefits Of "Risk-Sharing" In The Rapidly Evolving Healthcare IndustryHealthcare in America is changing. United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleThe Court Has Spoken - Now What?On June 25, 2012, I was sitting at the American Health Lawyers Association conference with about 1,000 other health care lawyers waiting to hear from the Supreme Court. United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleTexas Supreme Court Grants Mandamus To Stop Discovery Fishing ExpeditionThe Texas Supreme Court in In re National Lloyd’s Insurance Company, No. 13-076 (Tex. Oct. 31, 2014) recently granted mandamus relief to an insurance company seeking to limit discovery requests by a plaintiff-insured seeking information on claim files similar to her own.United StatesInsuranceStrasburger & Price, L.L.P.
ArticlePatent Trolls Beware: Award Of Attorney’s Fees To Prevailing Party In A Patent Case Can Be Reversed Only For Abuse Of DiscretionThe Supreme Court issued two unanimous opinions making it easier for companies that prevail in baseless patent infringement suits to recover their attorney’s fees.United StatesIntellectual PropertyStrasburger & Price, L.L.P.
ArticleChanges To The Federal Rules Of Appellate ProcedureOn December 1, 2016, significant amendments to the Federal Rules of Appellate Procedure took effect.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleDo You "Prevail" When The Other Side Gives Up? Not Under Rule 91aTexas Rule of Civil Procedure 91a—a Texas version of a motion to dismiss—was added in 2013 to give parties an efficient way to have baseless claims dismissed at an early stage. United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleFifth Circuit Affirms Class Certification In Pyramid Scheme CaseIn Torres v. SGE Management, LLC, No. 14-20128 (5th Cir. Sept. 30, 2016), an en banc Fifth Circuit ruled 11-to-5 that the trial court properly certified a class of the victims of an alleged pyramid scheme.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleJudicial Error May Relieve Attorney Of Malpractice LiabilityThe Texas Supreme Court held that under certain circumstances judicial error may be a superseding cause of the client's damages that relieves the attorney of any liability.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleToto, I Have A Feeling We’re Not In Dallas Anymore!An appeal from a Dallas County trial court is heard by the Dallas Court of Appeals, right? Right. Bexar County by San Antonio, right? Right. That is, unless the answer is "Wrong!"United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleWhen Will The Erroneous Admission Of Evidence Cause A Case To Be Reversed?Cases are rarely reversed for the admission or exclusion of evidence. Reversal because of erroneously admitted or excluded evidence occurs only if the error probably resulted in rendition of an improper judgment.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.