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Caller ID - Anti-Spoofing Law

Jan 5, 2013 — by Jeff Mundy
Tags: Consumer Rights

 

The Truth in Caller ID Act of 2009 (TCIA) (codified entirely within 47 U.S.C. § 227(e)) provides:

It shall be unlawful for any person within the United States, in connection with any telecommunications service or [Internet protocol]-enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value . . . . 47 U.S.C. § 227(e)(1) (emphasis added). TCIA violators are subject to civil and criminal liability. 47 U.S.C. § 227(e)(5). Jointly, TCIA and TCPA provide a private right of action, grant enforcement powers in both federal and state governments, grant intervenor rights to the Federal Communications Commission (FCC), and vest district courts with exclusive jurisdiction over claims under 47 U.S.C. § 227(e)(1). 47 U.S.C. § 227(e)(6), (g)(1)-(3).


Texas Whistleblower Law

Jan 5, 2013 — by Jeff Mundy
Tags: Whistleblower Asbestos

School employee reported asbestos hazards in a school and was terminated.  He brought a whistleblower action against the school district.

The court of appeals found that the the school district was not entitled to governmental immunity from a whistleblower action.


Police Excessive Force & Civil Rights

Jan 4, 2013 — by Jeff Mundy
Tags: Civil Rights

Cases asserting the use of excessive force by police are complex with substantial legal challenges.

However, citizens have the right to be free from the use of excessive force by police.

Most of these types of cases tend to be in federal court.  

The Fifth Circuit Court of Appeals is the federal court of appeals for Texas.

In this case from Beaumont, the Fifth Circuit explains the law relating to bringing a case for the use of excessive force.


Police Excessive Force & Civil Rights

Jan 4, 2013 — by Jeff Mundy
Tags: Civil Rights

Cases asserting the use of excessive force by police are complex with substantial legal challenges.

However, citizens have the right to be free from the use of excessive force by police.

Most of these types of cases tend to be in federal court.  

The Fifth Circuit Court of Appeals is the federal court of appeals for Texas.

In this case from Beaumont, the Fifth Circuit explains the law relating to bringing a case for the use of excessive force.


Tort Reform Held Unconstitutional

Jan 4, 2013 — by Jeff Mundy
Tags: Medical Malpractice

The medical malpractice tort reform which cuts off the rights of children before they reach 18 years old is unconstitutional.

 

 


Duty to Preserve Evidence

Jan 4, 2013 — by Jeff Mundy
Tags: Civil Procedure

 

A person or a company has a duty to preserve evidence where: (1) a party knows or reasonably should know that there is a substantial chance a claim will be filed, and (2) evidence is relevant and material.

When evidence is destroyed improperly, "As recognized by the Supreme Court of Texas, trial courts "have broad discretion to take measures ranging from a jury instruction on the spoliation presumption to, in the most egregious case, death penalty sanctions."  A trial court may also choose to exclude testimony or other evidence.  "As with any discovery abuse or evidentiary issue, there is no one remedy that is appropriate for every incidence of spoliation; the trial court must respond appropriately based upon the particular facts of each individual case." Trevino, 969 S.W.2d at 953.


Land Use Law

Jan 3, 2013 — by Jeff Mundy
Tags: Land Use

The Texas Constitution prohibits the State from taking, damaging, or destroying an individual's property, for public use, without adequate compensation. See TEX. CONST. art. I, § 17. Inverse condemnation occurs when the government takes property for public use without proper condemnation proceedings, and the property owner attempts to recover some type of compensation for that taking. Park v. City of San Antonio, 230 S.W.3d 860, 867 (Tex. App. -- El Paso 2007, pet. denied). To establish an inverse condemnation claim, the property owner must show: (1) an intentional governmental act; (2) that resulted in the taking, damaging, or destroying of the owner's property; (3) for public use. Id. Accordingly, to assert a valid Article I takings claim, the claimant must first prove an ownership in the property taken. See TEX. CONST. art. I, § 17; State v. Fiesta Mart, Inc., 233 S.W.3d 50, 54 (Tex. App. -- Houston [14th Dist.] 2007, pet. denied).


Pollution and Land Use Law

Jan 3, 2013 — by Jeff Mundy
Tags: Land Use

Homeowners and landowners may bring an action for decreased property value when noxious odors blow over their land and homes creating a permanent nuisance.

However, they must exercise diligence in bringing their claims in a timely fashion. 

In proving damages, they must offer some objective evidence of the decrease in market value of their property.


Arbitration - Rights to Appeal

Jan 3, 2013 — by Jeff Mundy
Tags: Arbitration

Orders compelling or denying arbitration may be appealed, with some limitations.


Worker's Comp Lifetime Benefits Limited

Jan 3, 2013 — by Jeff Mundy
Tags: Workers Comp

The Legislature limited the injuries for which an injured worker may obtain lifetime benefits, regardless of how severely injured they may be.


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