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 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…
The Firm is proud to announce that Managing Partner, Juan Roberto Fuentes, has been selected as a 2020 Super Lawyer. Each year, only 5% of Texas attorneys are nominated to join this prestigious list. Juan Roberto Fuentes is a leader in fighting inflated medical billing claims and remains a driving force for tort reform in…
By Juan Roberto Fuentes & Hamed Moradi Trucking companies are all too often subjected to unfounded claims regarding cell phone use. Plaintiff attorneys make outlandish claims in their attempt to force higher settlements, going so far as to compare talking on a phone to drunk driving. However, those inflammatory contentions are not supported by science. FMCSA conducted the largest real–world study, which showed no increased risk associated…
The Harris County Judge instituted an order starting today through 11:59 pm June 30 that businesses require employees and customers to wear masks “when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public”. Businesses must post their policy in a conspicuous location so that employees and visitors are aware of the policy. This health policy…
Recent events involving the COVID-19 virus have brought up some questions about how to handle employees when business is not at full speed. We’d like to share a few options that the Texas Workforce Commission has recommended to help you and your employees through this unprecedented time. Option 1: Create a Shared Work Plan through the Texas Workforce Commission You may be able to avoid fully laying off employees by submitting a Shared Work plan with the…