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Viability of a Post-Injury Waiver as a Defense to a Tort Claim

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

One of your employees claims they were injured while at the workplace. Immediately, your mind is likely inundated with thoughts of liability, insurance, and litigation. But what if the employee signs a waiver of liability, post-injury? Is this considered a valid, enforceable waiver under Texas law? The answer is – quite possibly.  The Case… Read More »

Business

Insurance Coverage For Negligent Acts Of Employees And Other Business Personnel

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

If you own a business, there is a good chance you have an insurance policy to help limit your liability exposure if a customer or other individual files a civil claim against you due to the negligent acts of an employee. For example, many business owners carry some form of general liability coverage that… Read More »

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Understanding How Texas Courts Treat Email in Civil Litigation

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

The judicial system in Texas, and across the country, is not typically known for being on the forefront of radical change or cutting-edge technology. A prime example is how the Texas Rules of Civil Procedure treated emails. Prior to 2014, email was not a recognized form of communication under the Texas Rules of Civil… Read More »

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Texas Supreme Court Holds Loss of Use Damages Award Valid

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

For many years, the legal principle in Texas civil courts was that a damages claim alleging loss of use was not recoverable when the property alleged to lack any use was destroyed. However, the Texas Supreme Court turned this precedent upside down in a 2016 case. See J&D Towing, LLC v. Am. Alternative Ins…. Read More »

Consent

Assessing Whether It Makes Sense to Request a Medical Examination

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

If you, or your business, is the subject of personal injury litigation, one of the most hotly contested issues is the actual extent of the plaintiff’s alleged harms and losses. In many cases, the amount of damages sought by a plaintiff’s attorney is in no way indicative of the actual damages supposedly suffered by… Read More »

Lawsuit

Overview of Collateral Estoppel and How It Can Help in Defending Against a Civil Lawsuit

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Collateral estoppel is a legal term to describe the prohibition against the same two parties litigating the same issue in two separate lawsuits when an issue of ultimate fact has already been addressed and determined by a valid and final judgment.  Objective of Collateral Estoppel If the same parties could file multiple lawsuits against… Read More »

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How to Use a Plaintiff’s FitBit to Bolster Your Defense to a Civil Claim

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

You’ve probably seen people wearing mobile devices on their wrists, biceps, and other areas. These devices are known as “wearables” and they are gaining in popularity. In fact,  it has been reported that approximately 1-in-6 consumers in the U.S. have a wearable device like a Fitbit, Apple Watch, and so forth. The concept of… Read More »

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Overview of Requests for Admission, An Important Pre-Trial Discovery Tool

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

When a civil lawsuit is filed in Texas, it triggers pre-trial “discovery.” This is a process in which both the plaintiff and defendant can ask questions, request documents, and conduct depositions to get a clearer picture of the basis for the plaintiff’s lawsuit. An important component of pre-trial discovery is the Request for Admission…. Read More »

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Overview of Expedited Trial Rules

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

You own a successful business in Brownsville. One day, you are served with a civil complaint filed by a customer claiming they were injured on your premises. In this case, you may be surprised to discover that the plaintiff’s decision to seek a certain amount of money may have a profound impact on the… Read More »

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Challenging the Sufficiency of a Slip and Fall Claim

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

One of the most common forms of personal injury litigation in Texas, and across the country, is alleged premises liability. Basically, a customer claims they suffered bodily harm after slipping and falling due to an object or wet surface at your business premise. To have a viable premises liability claim, under Texas law, a… Read More »

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Brownsville
Office

1201 East Van Buren St.
Brownsville, TX 78522

Phone: 956-542-7441
Fax: 956-541-2170

Edinburg
Office

323 West Cano, Suite 100
Edinburg, TX 78539

Phone: 956-542-7441
Fax: 956-380-0254

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Colvin, Saenz, Rodriguez & Kennamer L.L.P., represents clients throughout South Texas and the Rio Grande Valley, including people living in Brownsville, Harlingen, McAllen, Edinburg, Laredo, Corpus Christi, San Diego, Alice, Kingsville, Rio Grande City and other communities in Hidalgo County, Duval County, Jim Wells County, Kleberg County, Starr County, Cameron County, Webb County and Nueces County. -Site Map-

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