Although east Texas motorcycle accident lawsuits in which a governmental entity is named as the defendant can be difficult to win, there are many situations in which such claims can be successful. Since the government enjoys immunity unless it is expressly waived by statute, a would-be plaintiff’s case must fit…
Generally speaking, when someone is hurt due to the negligence of another party, the injured person has a right to pursue compensation for lost wages, medical expenses, pain and suffering, and other damages via a negligence lawsuit. (If the accident victim is killed, his or her family may seek compensation through…
Under the doctrine of sovereign immunity, governmental entities are immune from suit in many situations. In such cases, a person hurt by the actions of the government cannot recover monetary damages, even though, if the defendant were an individual or business, there could have been a substantial settlement or judgment.…
Before a court can render judgment in a lawsuit, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction, also called in rem jurisdiction, refers to the general category (i.e., subject matter) of the case. For instance, a state probate court lacks subject matter jurisdiction over a federal criminal…
From 1992 to 2013 the on-the-job death rate decreased overall but during the same time period the work-related death rate among Latinos increased. Latinos over 16 years old make up just 15.6% of the population but constitute nearly one-third of the workers in the construction and natural resource extraction industries…
A family from Mexico hire a coyote to smuggle them into the United States through Mexico. The coyote collected the family and entered a private ranch. An employee of the ranch stopped the coyote and inquired as to why he was on the ranch. The coyote sped away, lost control…
Jimmie John’s restaurant is being sued for wrongful death by the family of a man who was hit and killed by a speeding Jimmie John’s delivery driver. The lawsuit alleges that Jimmie John’s, which advertises “freaky fast delivery” knew or should have known that their fast delivery policy would encourage…
In the case of Rosa Esparza who was thrown to her death from the Six Flags Texas Giant Roller Coaster when a ride attendant allegedly failed to properly secure her lap bar the lawyers for Six Flags have filed a motion seeking to prevent the attorneys questioning witnesses from using…
Hyperinflated hospital charges constitute about one third of the $2.7 trillion spent annually on health care in the United States. According to a study published in the The Journal of the American Medical Association hospital charges are the single largest cause of medical inflation. According to the International Federation of…
Austin Federal District Judge Lee Yeakel recently issued an opinion that the provision in Texas’ recent anti-abortion statute requiring that doctors performing abortions must have admitting privileges at nearby hospitals violates the Constitution. Judge Yeakel wrote that the requirement unreasonably restricts a wonan’s access to abortion clinic and the rights…