Our law firm recently obtained a significant ruling on behalf of a conditionally certified class of agency managers employed by Texas Farm Bureau insurance company. 

We would like to congratulate our law partner, Kelly Cook, and his co-counsels Avi Moshenberg and Nick Lawson of McDowell Hetherington LLP and Sean McCarthy and Brian Abramson of the Williams Hart Law Firm, all of whom worked extremely hard to obtain the ruling.  Specifically, the federal magistrate judge found the Farm Bureau violated the Fair Labor Standards Act ("FLSA") by misclassifying these workers as Read More

2021 Texas Legislature House Bill 19 and Senate Bill 207

The Texas Legislature is currently debating two bills, which if passed, will make our roadways even more unsafe than they currently are.  Texas currently has the dubious distinction of leading the country in trucking accident injuries and deaths.  Despite this troubling fact, two bills were filed in the Texas legislature proposing to prevent trucking companies from being sued directly for corporate negligence.  The Read More

What to Expect in Regard to Making an Insurance Claim For Busted Pipes Following The Historic Texas Freeze

For those of you whose homes or businesses were damaged by broken pipes during the recent freeze, below is summary of what you can expect during the insurance claim-handling process and some suggestions of what you can do now to help facilitate your insurer's investigation of the claim. Please note that many of you at this early stage do not need to retain an attorney. It is typically only after your insurance Read More

4 Tips on Giving a Deposition After a Personal Injury

If your personal injury claim has turned into a lawsuit, there is a good chance you will be served with a notice to appear at a deposition. A deposition is a statement taken under oath. This is a routine part of the discovery process, which is the phase of a trial in which both sides are gathering information about the case. The notice you receive will give you information about the place and time of the deposition, Read More

Can You Still Recover Damages If the Accident Was Partially Your Fault?

It’s a common question in Texas personal injury matters. For example, let’s say another driver didn’t stop at the stop sign and plowed into the side of your car at an intersection. You know you were probably going a few ticks over the speed limit when the other driver blew through the stop sign. Can you still recover damages (monetary compensation as a result of a loss or injury)?  The answer is probably yes, but Read More

Handling a Covered Loss under Commercial Insurance

Texans are no strangers to tornadoes, wildfires, and other devastating forces of nature. Often these adverse events affect not only homes but also businesses.  We hope if your business is damaged due to a storm or other type of loss that you have sufficient insurance coverage.  Hopefully, you have at least one commercial insurance policy that protects your company in case of a catastrophic loss. The purpose of this Read More

Are You an Independent Contractor or an Employee?

The internet has made it easier than ever for workers across Texas, the country, and the globe to engage in side-hustles and other jobs on a work-for-hire basis. This general arrangement is often referred to as the “gig economy,” and it is only getting larger.  Central to the gig economy is the claim that those who provide gig services are independent contractors and not employees. Employers often prefer to work Read More

Why is a Catastrophic Injury Case Different from a Typical Personal Injury Case?

Most cases involving bodily injuries are a serious matter because even short-term injuries like sprains and strains can dramatically affect a person’s life.  Such bodily injury cases require people to seek medical treatment, incur medical costs, cause them to suffer physical pain and impairment, and may cause them to lose income.  The duration of medical treatment in such cases are usually limited to a year or less.  Read More

Should You Be Classified as an Hourly Worker Instead of Salaried?

Perhaps the most well-known benefit of earning an hourly wage (versus salaried) is the (supposed) eligibility to receive overtime pay, which, as most everyone knows, is 1.5 times the regular rate of pay. Workers who are eligible for overtime receive this rate whenever they work more than 40 hours in a week.  However, a common myth is that no salaried workers are eligible to receive overtime pay. The real question Read More

Third Parties Who May Be Liable in a Workplace Injury

Unlike most other states, Texas does not require employers doing business inside the state to carry workers’ compensation insurance. Texas is nearly unique in not requiring workers’ compensation insurance. A business that doesn’t carry workers’ compensation insurance is known as a “non-subscriber.” If your employer does carry workers’ compensation insurance and you are injured or become ill due to your job, you have Read More