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…
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…
This article provides information regarding a standard methodology used in Texas Personal Injury cases to maximize settlements in lawsuits through the use of arbitrarily inflated medical costs. It Starts with Referral to a Doctor who is part of the Lawyer’s referral network In October 2015 Joe Cantu was involved in a car accident in Austin,…
Attorneys Juan Roberto Fuentes and Stefan Casso of the The Fuentes Firm, P.C., along with its south Texas counsel David T. Garcia, successfully defended a cattle-hauling company in a personal injury lawsuit brought in Brooks County, Texas. The Thomas J. Henry Law Firm represented the Husband and wife Plaintiffs. This is the second favorable jury…
Collecting Freight Charges When A Broker Doesn’t Pay By Brian Schrumpf from The Fuentes Firm published on July 24th, 2018. Too many motor carriers have experienced brokers that collect money from shippers and then fail to pay the motor carrier. The broker may go out of business, file bankruptcy, or be operating a scam brokerage. Fortunately…
By: Juan Roberto Fuentes & David Helmey Links to the full opinion here and the amicus brief filed by The Fuentes Firm here. One of the biggest problems facing trucking companies and their liability insurers in personal injury suits is outrageously inflated medical bills. The rates “charged” by hospitals and doctors are generally several times more than the amounts these providers…
The Fuentes Firm successfully defended a bus company in a personal injury lawsuit in Houston, Harris County, Texas. The plaintiff, her children and extended family were passengers on the passenger bus. The plaintiff, her children and extended family were all Houston residents. The Defendant was a transportation company based out of Texas that provides passenger…
The Fuentes Firm successfully defended a Houston-based trucking company in a personal injury lawsuit in Houston, Tx. The Plaintiff, a single mother with five children, was involved in an accident with one of the trucking company’s tractors. The facts of the accident were heavily disputed. The Plaintiff was driving a non-commercial motor vehicle near downtown Houston when the collision…
The Fuentes Firm successfully defended a trucking company in a wage claim lawsuit in Houston, Tx. The Plaintiff, trucking company’s former employee, sought damages from the trucking company for non-payment of wages and misappropriation of name and likeness. Robert Fuentes obtained a directed verdict in favor of the trucking company at trial. The Plaintiff claimed the trucking…
The Fuentes Firm successfully defended an out-of-state trucking company in a personal injury lawsuit in Laredo, Tx. The Plaintiffs, a husband and wife, were involved in an accident with one of trucking company’s tractors and sought $750,000 at trial. The Plaintiffs’ attorney brought in 5 expert witnesses and personally spent over $100,000 on the case. However, the jury was persuaded by Robert…
Dash Cams: Why You Should Have Them and Why Your Drivers Should Want Them By David Helmey from The Fuentes Firm on November 11, 2016. A comprehensive study by the FMCSA and NHTSA found that of 66,000 injury accidents involving a car and a commercial truck, more than 56% of the accidents were attributable to…
Certificates of Insurance: Only the Beginning of the Coverage Story By Alexcis Nell from The Fuentes Firm published on November 11, 2016. There is a great deal of misunderstanding among freight brokers, freight forwarders, and the transportation industry generally regarding the weight Certificates of Insurance carry. Many brokers consider Certificates of Insurance binding proof of…
Limiting Motor Carrier Liability for Loss or Damage to Cargo to $500 via COGSA By Brian Schrumpf from The Fuentes Firm published on November 11, 2016. Motor carriers, freight forwarders, and other transportation and logistics service providers face exposure for loss or damage to cargo, and this exposure can reach into the millions of dollars,…
By Brian Schrumpf While freight brokers generally are not liable for cargo claims (i.e. loss or damage to cargo), there are several ways brokers can become liable for cargo claims. The primary ways a broker can become liable for cargo damage are: The broker agrees to be liable for cargo damage via contract with its…
The Protections of Pre-injury Release Agreements By Brian Schrumpf from The Fuentes Firm published on November 20, 2014. Pre-injury release agreements are a powerful tool for limiting exposure from workplace injuries of independent contractors. A pre-injury release agreement is a contract in which an individual gives up his/her right to bring a claim against another…
Certificate Holder, Additional Insured, Loss Payee – What they are and who needs them By Brian Schrumpf Shippers, brokers, and carriers frequently request Certificate Holder, Additional Insured, and/or Loss Payee status from downstream service providers. Each status – Certificate Holder, Additional Insured, and Loss Payee – has a specific meaning and each confers specific rights.…
Represented publicly-traded trucking company at trial obtaining unanimous verdict in favor of trucking company and truck driver that crashed into construction crew in a construction zone. Although the DPS state trooper found the truck driver solely at fault for the accident, Mr. Fuentes successfully showed the jury that the officer did not have complete information…
Juan Roberto Fuentes represented a trucking company in a suit against the trucking company’s former Operations Manager in March 2006. After a 5-day jury trial, the jury was persuaded by Mr. Fuentes and awarded the trucking company a $500,000 judgment. The trucking company alleged the former employee misappropriated the trucking company’s trade secrets and breached his fiduciary…
Texas Supreme Court Holds Evidence of Seat-Belt Non-Use Admissible to Show Plaintiff’s Comparative Fault By David Helmey from The Fuentes Firm published on March 13, 2015. “We hold relevant evidence of use or nonuse of seat belts, and relevant evidence of a plaintiff’s pre-occurrence, injury-causing conduct generally, is admissible for the purpose of apportioning responsibility…
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