Showing 2 posts from July 2017.

House Bill 62: Texting Ban and the Standard It Sets

Introduction

On September 1, 2017, Texas House Bill 62 (“HB 62”) will go into effect, prohibiting reading, writing or sending electronic messages while operating a motor vehicle.[1]  In a civil action following a motor vehicle accident, if a plaintiff can prove a driver violated this law, they will no longer be tasked with establishing a duty and breach, as required in a negligence cause of action.  Instead, under negligence per se, plaintiffs are relieved of proving a reasonable person would have acted differently.  HB 62 sets the standard of care and plaintiffs must simply prove the violation was the proximate cause of the resulting damages. Read More ›

Certificate of Merit Requirements in Texas

Introduction

Under Texas law, in actions for damages arising out of the provision of professional services by a licensed or registered professional, the plaintiff must file a certificate of merit with the original petition.[1]  The purpose of the statute is to deter and quickly end nonmeritorious claims.[2]  The actions creating the claim do not need to “constitute the provision of professional services,” instead, “the acts creating the claim must ‘aris[e] out of the provision of professional services.”[3]  If a plaintiff's cause of action involves a professional's education, training, and experience in applying special knowledge or judgment, it “arises out of the provision of professional services.”[4]  Failure to file the affidavit with the complaint will result in dismissal with or without prejudice.[5]  Although a trial court is required to dismiss a complaint if the plaintiff does not file a certificate of merit, it may use its discretion to determine whether to dismiss with or without prejudice.[6] Read More ›

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