Month: August 2016

Three Easy Ways to Drive More Safely Around Large Trucks

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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 large …

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Asserting and Negating Jurisdiction in a Texas Special Appearance

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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 defendant …

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How Does Due Order of Pleading Affect Texas Special Appearances?

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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 the …

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