Google’s recent admission that no one sending communications to a Gmail account has any reasonable expectation of privacy raises the question whether a doctor, lawyer, accountant or any other professional charged with the duty of maintaining client confidentiality can ethically send confidential information through a Gmail account. The Texas rules…
The TransCanada Pipeline Company cleared another of the many hurdles it has faced in connection with the construction of the Keystone XL pipeline. Michael Bishop, an East Texas landowner, previously contested TransCanada’s condemnation of his property. However, Bishop settled the condemnation issues because he could not afford the legal fees.…
The U.S. Supreme Court has granted cert in E.M.A. ex rel Plyler v. Cansler in which the 4th Circuit Court of Appeals upheld the pro rata formula in Ahlborn. Under Ahlborn when Medicaid pays accident related medical expenses and the Plaintiff subsequently obtains a recovery Medicaid may recover a proportionate…
In City of Denton v. Paper the Texas Supreme Court raised the bar a little higher for users of the public streets to recover for injuries resulting from city construction defects. The City of Denton Waste Water Department cut a city street and made a repair to a sewer line.…
The Texas Supreme Court recently narrowed mental anguish coverage under insurance policies in Evanston Ins. Co. v. Legacy of Life, Inc. In Evanston, a family member of an organ donor learned that the organ donor charity was actually making money off of the donated organs and sued the charity for…
The United States Supreme Court’s decision in Arkansas Department Of Human Services v. Ahlborn, 547 U.S. 268 (2006), has open the door for the made whole doctrine to be applied to Texas Medicaid subrogation. Historically, prior to the Ahlborn, Texas Medicaid largely refused to reduce their subrogation interest even if…
Many Texans mistakenly believe that if they are injured on a commercial property that the owner of the property is automatically liable for their injuries and damages. Such is not the case. When a patron enters a business they become what is known as a “business invitee“. The owner or…
Texas law lags behind technology when it comes to addressing the problem of sexting. Thus far most of the attention has been focused, and rightly so, upon the need to address the problem of sexting among minor teenagers. Only two sections of the Texas Penal Code arguably apply to teen…
Texans who get injured as a result of the negligence of the owner or operator of a business premises find themselves having to overcome high hurdles in order to be compensated for their injuries. The victim must first prove that they were the “business invitee” of the Defendant. This requires…
Chapter 55 of the Texas Property Code gives a hospital that provides emergency medical care to an uninsured accident victim a lien upon the liability insurance of any negligent individual who caused the accident and resulting injuries. Sounds good so far. If you show up at a Texas emergency room…