Updates
On June 28, 2022, Court of Appeals of Texas, Fourteenth District, concluded that a Texas non-subscriber employer could bargain for an arbitration agreement under the FAA to limit the time in which an employee must submit a negligence claim to arbitration, which effectively circumvents the statutory two-year statute of limitation under the Texas Civil Practice and Remedies Code.
On September 1, 2021, Texas House Bill 19 went into effect. The new law provides significant procedural changes to trucking-related lawsuits filed on or after that date. In a nutshell, the new law allows motor carriers to request a two-part trial under certain circumstances. In the first phase, the jury would determine the amount of compensatory damages (i.e. the amount necessary to make a plaintiff whole, including medical expenses and lost wages). In the second phase, the jury would determine the amount of exemplary damages, if any (i.e. “punitive” damages meant to punish the defendant for egregious conduct or send a message to other motor carriers).
COVID-19 is sure to bring a wave of future litigation on a variety of topics, including contract disputes, insurance coverage, landlord-tenant issues, medical malpractice, labor issues, etc. For Texas employers who opt out of workers’ compensation, there is a legitimate concern that work injury lawsuits alleging COVID-19 exposure will spike. More than 3,000 complaints have reportedly been filed with the Occupational Safety & Health Administration (OSHA) alleging workers were exposed to COVID-19 in the workplace. This article addresses the risk of future COVID-19 work injury litigation and evaluates the types of legal claims employers are likely to face and the potential viability of such claims under Texas law. At the end of the article, there is a checklist for employers to consider that may reduce their potential liability exposure.
As the world grapples with the COVID-19 coronavirus pandemic, employers face a number of challenges. One of these challenges is keeping employees and customers safe. This is a daunting task, particularly in light of everchanging guidelines from federal, state and local governmental agencies. As the Trump administration issues new guidelines for opening up America, businesses of all shapes and sizes are trying to figure out how to safely operate in this “new normal” and what to expect in the months ahead.
COVID-19 is sure to bring a wave of future litigation on a variety of topics, including contract disputes, insurance coverage, landlord-tenant issues, medical malpractice, labor issues, etc. For Texas employers who opt out of workers’ compensation, there is a legitimate concern that work injury lawsuits alleging COVID-19 exposure will spike. More than 3,000 complaints have reportedly been filed with the Occupational Safety & Health Administration (OSHA) alleging workers were exposed to COVID-19 in the workplace. This article addresses the risk of future COVID-19 work injury litigation and evaluates the types of legal claims employers are likely to face and the potential viability of such claims under Texas law. At the end of the article, there is a checklist for employers to consider that may reduce their potential liability exposure.
Doyle & Seelbach is proud to announce Jimmy Snyder has been named to the prestigious Super Lawyers Texas Rising Stars list for 2020. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less. Jimmy joined Doyle & Seelbach in 2017 and has been integral to the firm’s growth and success. We are proud to call Jimmy a colleague and friend!
Jimmy originally obtained his law license in Colorado before moving back to Texas, his home state, in 2013. Before joining Doyle & Seelbach, Jimmy worked at a civil litigation defense firm in McAllen, Texas for three and a half years. There, he gained extensive experience in state and federal courts defending corporate clients on a range of matters from construction defect, personal injury defense, insurance coverage, and business disputes. Jimmy now focuses his practice on personal injury defense, business disputes and also contract review. In his free time, Jimmy can be found running trails with Baxter, his furry companion, wake surfing on Lake Austin, or spending time with his family in Boerne.
Josh Bolduc and Karl Seelbach attended the 2020 Hays County Bench Bar Conference last month in Dripping Springs, Texas. We enjoyed the presentations and having an opportunity to visit with Justices Gisela D. Triana, Chari Kelly and Thomas Baker of the Third Court of Appeals, Judge David Junkin of Hays County District Court, as well as numerous other local judges and candidates. Doyle & Seelbach PLLC is a proud member of the Hays County Bar Association.
