By: Dylan J. Smith A collective bargaining agreement (“CBA”) is a written legal contract between an employer and organized labor that sets down and defines conditions of employment and procedures for dispute resolution. Typically, a CBA is the result of a process of collective bargaining between an employer and a labor union representing the employer’s […]
Legally Prescribed Medication, the Section 40.327(B) Notice of the Likelihood of Posing Significant Safety Risks, and the Motor Carrier Employer’s Dilemma
By: Jarad L. Kent; Betty S. Young In January of 2018, the Office of General Counsel and Office of Drug and Alcohol Policy and Compliance of the Department of Transportation provided guidance on 49 C.F.R. Part 40, providing a question and answer on a Medical Review Officer’s reporting obligations under 49 C.F.R. §40.135 and §40.327 […]
Texas Deceptive Trade Practices Act – Public perception can mean more than actual existence
By: Monica Rey Bailey Regardless of if the shirt fits, think twice before you wear it. Under the Texas Deceptive Trade Practices Act (“DTPA”), what a business or individual puts forth to the general public can be held deceptive regardless of the actual relationship between the parties. We recently came across this issue in a […]
Appellate Court Upholds Jury Verdict in Favor of Plastic Surgeon
A Texas appeals panel has upheld a take-nothing jury verdict against a North Texas woman who lost her malpractice case against a local plastic surgeon, finding that the jury instructions were proper and that the woman cannot get another trial. The physician was represented at the original trial by the firm’s Bill Chamblee. The plaintiff’s […]