Discovery

Russell & Wright Insights

When a Mediated Agreement is Not an Agreement …

Most litigation is resolved before trial, often as a result of mediation.  In Texas, the standard practice for disputes that settle at mediation is to prepare a short “Rule 11 agreement” that is signed by the parties and their counsel before leaving the mediator’s office.  Such agreements are called Rule 11 agreements because Rule 11 of the Texas Rules of Civil Procedure makes agreements between… Continue reading >

Posted by Steve Russell on August 7, 2015

Misuse of CPRC § 18.001

It’s time for the Texas Legislature to revisit and amend § 18.001 of the Texas Civil Practice & Remedies Code.  That evidentiary statute concerns admissibility of medical billing records affidavits that would otherwise be considered hearsay.  See Beauchamp v. Hambrick, 901 S.W.2d 747, 749 (Tex. App.-Eastland 1995, no writ); Tex. Civ. Prac. & Rem. Code § 18.001.  Specifically, the statute provides that an affidavit indicating… Continue reading >

Posted by Rob Hailey on July 17, 2015

Russell Earns Certified Fraud Examiner Credential

Russell & Wright attorney Steven L. Russell was recently certified as a Certified Fraud Examiner (CFE) by the Association of Certified Fraud Examiners (ACFE).  The CFE certification is awarded by the ACFE to applicants who meet the organization’s character, experience, and education requirements and pass a comprehensive examination in four subject areas relating to fraud: Fraudulent Financial Transactions, Fraud Prevention and Deterrence, Legal Elements of Fraud, and Fraud Investigation. … Continue reading >

Posted by Russell & Wright on July 1, 2015

Relevance Of Later Accidents

One of the things a plaintiff injured in a truck accident must prove is that the defendant trucking company caused the injury.  This is part of the plaintiff’s burden of proof in a negligence claim and is called the causation element.  Although the plaintiff has the burden of proving causation, the defendant may offer evidence and argue the injury was caused by another accident or… Continue reading >

Posted by Steve Russell on May 12, 2015