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Holidays are particularly stressful for business owners. As a business owner, you have to deal with the ongoing stress of managing your employees and customers, cooperating with your business partners as well as business challenges that arise every day. During the holiday season, an additional layer of stress is piled on top of all…

Truck accidents have many causes and often a combination of factors. Appearances can be deceiving when the real underlying cause of the accident is hidden. Such is the case with poorly balanced loads. Even when a truck is not overloaded, unbalanced loads are a very real hazard and an unbalanced load is just one…

“Special appearance” is Texas’ unique name for a motion to dismiss for lack of personal jurisdiction. Made on a “sworn motion”, a special appearance must be filed before any other pleading or motion filed by an out-of-state defendant. If specific rules and procedures are not properly followed, unwary defendants may discover they’ve unwittingly waived…

Burn injuries can be catastrophic with severe emotional and psychological impact on both the victims and love ones. Burn injury treatment is extremely painful. When the wounds have healed, scarring can be so severe as to cause loss of mobility and disfigurement can be so extensive that victims withdraw from society and even their…

The 5th Circuit Court of Appeals sided with Trinity Industries and overturned a $663 million federal False Claims Act jury verdict from 2014.  As argued by Ethan Shaw at the trial of the case, the appeals court concluded there was no fraud committed on the government by Trinity since the government continuously approved and…

Traumatic brain injury (TBI) is often referred to as an invisible disability, because for many victims there are no obvious outward signs of the effects that they are suffering. Of course, TBI can be a catastrophic injury requiring 24-hour care. But for those who do not suffer physical impairments it can still mean never…

This is the second of two posts discussing the enforceability of executive non-compete agreements in Texas. In Part I, we discussed the basics of a non-compete agreement as well as the first prong of Texas’s two-part analysis to determine their enforceability. In this second part of the analysis, we will see how Texas courts…

In May 2017, the U.S. Food and Drug Administration (FDA) announced that taking the type 2 diabetes drug Invokana (canagliflozin) increases your risk of foot and leg amputations. The safety alert was an update to a 2016 alert. Type 2 diabetes itself increases your risk of amputation. Taking medication to manage your blood sugar…

Hurricane Harvey hit Texas hard—especially in Houston, Beaumont, and Hardin, Jefferson, Orange, Chambers, and Harris counties—and caused upwards of $180 billion in damage. If your business has been forced to shut down partially or entirely because of Hurricane Harvey or other natural disaster, business interruption insurance (also called “BI insurance”) may be able to…

This is the first of two posts that will discuss the enforceability of executive non-compete agreements in Texas. What are Executive Non-Compete Agreements? Non-compete agreements, also called “restrictive covenants,” are contract provisions through which an employee agrees not to work in a similar trade in competition with an employer, usually in a particular geographical…