The 14th Court of Appeals in Houston has ruled that the Port of Houston Authority can’t claim sovereign immunity to avoid liability in a personal injury lawsuit. The suit arises out of the collision between a gantry crane operated by an employee of the Port of Houston and a truck driven by an independent truck […]
The United States Supreme Court recently decided Gallardo et al. v. Marstiller, an opinion that changes the way Medicaid liens may be calculated in personal injury settlements and judgments. In a seven to two opinion, the Justices held that Medicaid may seek recovery not only of past medical expenses paid on behalf of a Plaintiff, […]
A recent ruling by the Fifth Circuit has caused a big controversy in the oil and gas industry. In Helix Energy Solutions Group, Inc. v Hewitt, the Fifth Circuit decided that Helix owed an offshore tool pusher time-and-a-half overtime pay because he was compensated on a day-rate basis and not with an annual salary. The […]
A Jamaican citizen was extradited to the United States and pled guilty to defrauding elderly U.S. citizens out of between $150,000 and $200,000. Greg Warren Clarke, age 29, worked with a co-conspirator in Fort Lauderdale, Florida. The two of them phoned victims to inform them that they had won a big lottery prize. They instructed […]
A cruise passenger filed a lawsuit in Florida federal court against Norwegian Cruise Lines. She alleged that she returned to her cabin and found a crewmember making her bed. He allegedly forced her to perform oral sex on him. As I wrote in a recent post, under maritime law, cruise lines are strictly liable for […]
A Florida jury found that Tesla was only 1% to blame for a crash and battery fire of a Tesla Model S that took the lives of an 18 year old and his friend. The teen was driving 116 mph in a curve with a speed limit of 25 mph when he lost control and […]
A Florida federal court jury recently rendered a $10.2 million verdict in favor of a woman who was raped by one of the employees of the cruise ship on which she was a passenger. The passenger contends she had been drinking and was playing hide-and-seek with friends. She ducked into a utility closet to hide […]
Many Texas, Louisiana, and Florida residents and business owners are unable to afford hourly attorney’s fees. Going up against an insurance company or a major corporation with deep pockets is scary. Many attorneys offer what are called contingent or contingency fees. Under a typical contingent fee contract, the attorney agrees to pay the expenses of […]
The family of a talent scout for the Houston Rockets filed a lawsuit against a construction company allegedly responsible for his wrongful death. The victim was riding his bike at night with a headlamp and a helmet. The sidewalk on which he was riding had been torn up by the construction company. The construction company […]
It is common to see Texas business owners sign short letters of intent with the understanding that a more detailed contract will be drafted and signed by the parties on a later date. We are sometimes asked by clients whether their letter of intent is a binding contract under Texas law. The short answer is […]