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Texas Supreme Court to review certified question from Fifth Circuit in Austin v. Kroger

The Supreme Court of Texas has accepted the Fifth Circuit’s certified question in Austin v. Kroger. The Fifth Circuit’s request for certification formally withdraws its previous controversial opinion. The case could have...more

Defending Nonsubscriber Lifting Injuries – Part IX – “Foreseeability”

In addition to proving “but for” (a.k.a., cause-in-fact) causation, the plaintiff must also prove as a separate element of causation that the injury was foreseeable to the defendant. In general, to prove foreseeability, the...more

The Fifth Circuit Decides Not To Decide Whether Nonsubscriber Cases May Be Removed

Unfortunately, the Fifth Circuit decided on August 14, 2013 in Ernewayn v. Home Depot that it lacked appellate jurisdiction to entertain Home Depot’s appeal of a remand order. The Fifth Circuit did not hold (as has been...more

8/26/2013  /  Appeals , Nonsubscribers , Remand

Defending Nonsubscriber Lifting Injuries – Part VIII – “But For” Causation

Regardless of what factual theory of negligence a lifting injury plaintiff pursues, the plaintiff must prove that the negligence of the defendant caused the injury at issue. As simple as this concept appears, the nature of...more

Defending Nonsubscriber Lifting Injury Claims – Part VII – Miscellaneous Claims

The plaintiff’s bar is creative and inventive. No doubt other theories of negligence to support liability for a lifting injury have been or will be asserted moving forward. The starting point for addressing such novel...more

6/5/2013  /  Bodily Injury , Negligence , Retailers

Defending Nonsubscriber Lifting Injury Claims – Part V – The NIOSH Revised Lifting Equation – what it is and what it is not

The next two parts of this series will address the so-called NIOSH lifting equation. This part will discuss what the NIOSH lifting equation is and the fact that it is not the law in Texas (or anywhere else to the authors’...more

Nonsubscriber Legislative Update

As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed...more

Defending Nonsubscriber Lifting Injury Claims – Part II

Perhaps the most common liability claim associated with a lifting injury is that the nonsubscriber employer simply did not provide adequate assistance, specifically staff, to assist the injured worker with lifting whatever it...more

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