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Showing posts with the label CIVIL PRACTICES AND REMEDIES CODE

Proposed Rule on Speed Limit Devices for Commercial Vehicles

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Washington – The National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration have announced a proposed rule that would require the installation of speed-limiting devices on trucks, buses and multipurpose passenger vehicles weighing more than 26,000 pounds. The proposed rule, announced August 26, suggests that capping speeds at 60, 65 or 68 mph could prevent fatal crashes while saving an estimated $1.1 billion in fuel costs annually. The maximum set travel speed would be adjusted after officials weigh public comment on the proposal. “There are significant safety benefits to this proposed rulemaking,” Secretary of Transportation Anthony Foxx said in a press release. “In addition to saving lives, the projected fuel and emissions savings make this proposal a win for safety, energy conservation, and our environment.” NHTSA Administrator Mark Rosekind and FMCSA Administrator T.F. Scott Darling III also expressed support for the proposal. “...

Section 18.001 Affidavits and Hospital Liens

On September 1, 2019, a major change to Chapter 18.001 of the Civil Practices and Remedies Code goes into effect with long-lasting ramifications for Texas attorneys and their clients. Chapter 18.001 outlines deadlines for serving affidavits and counter-affidavits concerning reasonableness of charges for and necessity of medical services. For attorneys offering an affidavit, the language of the new statute requires the party serve a copy of the affidavit by the earlier of: 1. 90 days of the date the Defendant files an answer OR, 2. The date the offering party must designate any expert witness pursuant to either a Court issued scheduling order or under the Texas Rules of Civil Procedure. Additionally, while some attorneys gained traction in proving causation through affidavits filed under 18.001 in the past, the newly passed version of the statute explicitly precludes any such finding. Legislators also amended Chapter 55 of the Texas Property Code, a section specifically dealin...