Every Texas county has its own process for people to get divorced without an attorney. For somebody in a short marriage with no children, no real estate and no investments, the process might operate in their best interests and save them some money. For somebody in a longer marriage with children, jobs and investments, the benefits of having an attorney more than pay for themselves. Texas is a community property state. Any income earned or acquired by either party during the course of the marriage is community property and equally owned. That’s a legal … [Read more...]
What’s an Easement in Texas Real Estate Law?
If you’re closing on property in the North Texas area, a real estate attorney from Springer & Lyle can assist you in reviewing the title commitment, title documents, survey, and deed to determine what easements and other interests affect your property. If there are easements, you’ll need to know something about your rights and obligations relative to those easements. An easement constitutes a right to use part or all of the real estate belonging to someone else. There are various types of easements. Almost all easements are affirmative in that they permit somebody else to use the owner’s … [Read more...]
What is a Valid Last Will and Testament in Texas?
If a Will is going to be probated in Texas, it’s required to be in writing. It’s also required to comply with certain statutory requirements. If it fails to satisfy those requirements, a court could refuse to admit the Will to probate or only admit portions of the Will. That’s why an experienced attorney from Springer & Lyle is critical for drafting your Will. You want it to meet all legal requirements of Texas probate law so that it’s a valid testamentary instrument, and you also want your final intentions to be clearly expressed. A person making and executing a Will is required to have … [Read more...]
Tort Reform in Texas Reduces Likelyhood of Ebola Lawsuits
As the recent Ebola scare seems to have subsided, we have a rest from the outcries of many onlookers who question the handling of such serious cases and focus on need for astute measures to prevent an outbreak such as is running rampant in west Africa. But it is unlikely that the courts will see any measures take from the effected or the worried onlookers since Texas has enacted strict measures limiting the liability of treatment facilities. Read this article in The Texas Observer, also found in The Guardian, reporting on where we stand in relation to our government and corporate health … [Read more...]
Sentimental Value of Pets to be Heard by Texas Supreme Court
Errant euthanasia of pets will be reviewed by the Texas Supreme Court for "sentimental damages", i.e. valuation beyond the replacement price of the pet. Please read this interesting article from the Fort Worth Star Telegram’s Elizabeth Campbell. Springer Lyle will post any updates to the court’s decisions as this case progresses. By Elizabeth Campbell of the Fort Worth Star Telegram The Texas Supreme Court will weigh in on a case to determine whether pet owners can claim damages for the sentimental value rather than the market value of their animals. Last week, the state’s highest … [Read more...]
Texas Supreme Court Ends Bad Faith Claims for Workers
Texas Workers Compensation claimants took a big hit Friday when the Texas Supreme Court handed down a 5-4 decision in Texas Mutual Insurance Co. v. Timothy J. Ruttiger. The Court held that Workers Comp claimants cannot seek damages for bad faith denials of claims outside the administrative Workers Comp regulatory framework. Justice Willett’s concurring opinion writes: "The continued existence of bad-faith claims will subvert the Legislature’s meticulous soup-to-nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually … [Read more...]
Victory for Big Pharma: Texas Adopts “Learned Intermediary” Rule
Big Pharma had a major victory on June 8th, when the Texas Supreme Court handed down its ruling in Centocor, Inc. v. Hamilton. The Court held that "When a drug manufacturer properly warns a prescribing physician of the dangerous propensities of its product, the manufacturer is excused from warning each patient who receives the drug. The doctor stands as a learned intermediary between the manufacturer and the ultimate consumer." Further, "A prescription drug manufacturer fulfills its duty to warn end users of its product’s risks by providing adequate warnings to the intermediaries who … [Read more...]
Greyhound Bus Drivers say Company Opposes Safety Reform
The Amalgamated Transit Union Local 1700, which represents Greyhound bus drivers, has been speaking out against the company’s safety record. "Members of the National Association of Bus Crash Families said they recently learned that Greyhound did not support HR7, a bill introduced by Georgia Democrat John Lewis and Texas Republican Ted Poe. The Lewis-Poe Amendment, as it is known, is identical to language in the MESA Bill, and replaces earlier provisions in the House version with a “Greyhound Compromise.” “We negotiated with Greyhound in good faith and gave up important safety priorities … [Read more...]
1/5 of Commercial Vehicles were Found Unsafe
The Texas Department of Public Safety reports that one-fifth of commercial vehicles they inspected in in 2011 were unsafe: "Since the first of the year, Commercial Vehicle Enforcement personnel and specially-trained Highway Patrol troopers have inspected 331,505 commercial vehicles. As a result of these inspections, DPS removed 66,189 unsafe commercial vehicles and 12,301 unsafe commercial vehicle drivers from Texas roads for a variety of safety violations. “Commercial vehicles are responsible for approximately 15 percent of the fatalities in Texas crashes,” said McCraw. “Most … [Read more...]
Depakote Maker to pay $1.5 Billion to Settle Criminal and Civil Investigations
Last week, the Department of Justice Announced a record $1.5 Billion settlement with Abbott Laboratories over their mislabeling of the drug Depakote. "Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today. The resolution – the second largest payment by a drug company – includes a criminal fine and … [Read more...]
