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Three Easy Ways to Drive More Safely Around Large Trucks
The category “large trucks” is, well, a large one. It includes every truck from a 10,000-pound box truck for local deliveries to an 80,000-pound, thirteen-foot-tall tractor-trailer. One thing all these trucks have in common is their ability to outweigh a passenger vehicle by several tons. When a car, pickup, or minivan collides with a…
Asserting and Negating Jurisdiction in a Texas Special Appearance
Since a special appearance filed under Texas Rule of Civil Procedure 120a seeks to challenge the court’s personal jurisdiction over the defendant in a case, the merits of the special appearance argument focus on the basis for jurisdiction. Generally speaking, the plaintiff is responsible for asserting the basis or bases for jurisdiction, and the…
Life in a Semi: How Understanding Large Trucks Can Help You Stay Alive
Whenever you get in your car, chances are that you’ll share a stretch of road with a tractor-trailer or other large trucks. These trucks account for a significant number of the vehicle miles driven each year – and their large size, weight, and other factors make them a big danger in an accident. To…
How Does Due Order of Pleading Affect Texas Special Appearances?
A special appearance challenges a court’s personal jurisdiction over a defendant in Texas. Unlike many other types of pleadings or motions, the timing of the special appearance is essential. Generally speaking, the special appearance must be filed as the first responsive pleading or as part of the first responsive pleading. In other words, when…
Understanding Special Appearance Procedures in Texas
In some lawsuits that are filed in Texas, the defendant wishes to contest the state court’s jurisdiction over his or her person or property. To do this, the defendant must file a “special appearance” according to the rules laid out in Texas Rule of Civil Procedure 120a. Special appearances are most often filed by…