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Luis Fernando Martinez Reyes sued Jefferson County, Texas (the County) under the Texas Tort Claims Act (TTCA) for injuries he allegedly sustained when a County police officer, driving a County-owned vehicle in the course and scope of employment, collided with Reyes’s automobile.
Draughon v. Johnson (Opinion) Annotate this Case. Justia Opinion Summary. In this quiet title action, the Supreme Court reversed the summary judgment in favor of Defendant, holding that Defendant did not conclusively negate unsound-mind tolling pleaded as an exception to limitations.
23 sie 2021 · Plaintiff appealed the district court's dismissal of his negligence and intentional tort claims alleging that Bureau of Prison (BOP) officials caused him a variety of harm while he was incarcerated at USP Beaumont.
16 cze 2011 · There was a lot of press and hand-wringing over the passage of the Texas Legislature's latest version of tort reform. Like many contentious issues, a lot of misinformation accompanied the coverage of the law. In an effort to cut through the rhetoric, we seek to explain the so-called "loser-pays" law in plain English.
15 paź 2021 · The primary issues in this case are whether (1) a release in the parties’ settlement agreement bars claims that arose during the negotiation of the agreement; (2) a disclaimer of reliance in the same agreement is enforceable and bars omission -based
10 lut 2021 · Part III argues that law-and-economics, deterrence-based theory holds the most promise for judges facing two primary challenges of modern tort law: (1) containing risks at the cutting edge of the regulatory state and (2) addressing widespread harms.
In this age of tort reform, courts are well aware that a particularized no-duty ruling can be a way to police the proverbial “runaway jury.”. Many a Texas plaintiff has stumbled over the duty hurdle in recent decades. The new Restatement takes a very different approach to determinations of duty.
