Showing 2 posts from July 2017.

House Bill 62: Texting Ban and the Standard It Sets


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


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 ›