For the last three years, Texas trial courts have systematically taken a narrow view of the Texas Supreme Court’s In re North Cypress opinion to deny personal injury defendants discovery from medical providers on the reasonableness of the providers’ bills. The Texas Supreme Court has now broadened defendants’ ability to fight excessive bills by definitively…
On May 7, 2021, the Texas Supreme Court issued a major decision that addresses the all-too-common practice whereby state court judges prevent defendants from putting on evidence to expose inflated medical bills. The problems with the astronomical costs of Texas personal injury actions have gotten national attention. Texas companies and, particularly trucking companies, face staggering…
By: Brian Schrumpf The terms “Reefer Breakdown Endorsement” and “Reefer Breakdown insurance coverage” should raise red flags for motor carriers, brokers, freight forwarders, and shippers. Why? Because insurance policies with Reefer Breakdown coverage commonly deny cargo claims on reefer loads. This article explains what a Reefer Breakdown Endorsement is and common insurance issues that arise…
By: Brian Schrumpf Freight brokers are experiencing an increase in claims and lawsuits for both cargo claims and auto accidents, especially due to Plaintiffs’ attorneys seeking more and deeper pockets. In addition, customers of freight brokers often expect brokers to be responsible for cargo damage. With the evolving landscape of freight broker exposure, freight broker…
By: Brian Schrumpf There are federally mandated deadlines and time-related guidelines for filing cargo claims, investigating and responding to cargo claims, and filing lawsuits for cargo claims. These federal rules apply to shipments governed by the Carmack Amendment (most commonly, interstate shipments). There are also some common misconceptions regarding the time limits involved with cargo…
By: Brian Schrumpf The shipper in this lawsuit claimed $276,000 in damage to the cargo. It was alleged (as Plaintiffs’ attorneys often do) that the broker portrayed itself to be a motor carrier or freight forwarder, agreed to perform the transportation, and was responsible for the cargo damage. Generally, brokers are not liable for cargo damage,…
Attorney David Helmey of The Fuentes Firm, P.C. successfully defended a motor carrier and its driver in a personal injury lawsuit in federal court in Houston, Texas and obtained a take-nothing dismissal of all claims without conducting any written discovery or taking any depositions. The total cost of defense to the client and their insurance carrier was less than…
By: David Helmey and Hamed Moradi The Texas Supreme Court is hearing oral argument today regarding the discoverability of evidence relevant to inflated medical charges in Texas personal injury lawsuits. In re K&L Auto Crushers LLC is a personal injury case arising out of a motor-vehicle accident. The plaintiff received medical treatment under financial arrangements between the…