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Dallas Civil Litigation Blog

Strategies to settle a business partner dispute

Going into business with a partner is similar to any other type of long-term relationship. You are going to have your ups and downs. There will be matters that you do not agree on, such as a strategy for expanding the company or perhaps the hiring of a new manager. Regardless of the reason for the dispute, it does not take much for one to spiral out of control.

If you have found yourself in a dispute with your partner, it could lead to the dissolution of your Dallas area company if you do not handle it properly. While your partnership or operating agreement should lay out the procedures you must follow if you cannot come to agreement on a business matter, the following dispute resolution strategies may be helpful.

4 pieces of information you should record after an accident

After an accident, you might not be focused on much except for getting medical help. While that is the most important thing to do, there are a number of pieces of information you need to collect after a crash.

Many of these pieces of information can be collected after you get medical help, but it is a good idea to write them down as soon as you can. Your memory may not be as good later as it is right now. Here are five things you should record as soon as possible.

Texas motorcycle accidents: Do I need to wear a helmet?

Motorcyclists in Texas should always wear a helmet for the sake of their own safety. Considering the many inattentive drivers on the road -- who could be drunk or distracted by their cellphones -- motorcyclists need to take every safety precaution they can to avoid accidents and injuries.

By far, one of the best things you can do in terms of safety as a Texas biker is to wear a helmet. However, interestingly enough, the law might not require you to protect your head in this regard.

Don't ignore these 5 signs of a brain injury

You were in a very serious car crash, and you remember hitting your head on the window. You had a headache afterward, but you didn't think it was bad enough to require hospitalization. You were lucky that you could walk away form the crash, and you didn't even go to the hospital.

Now, you're not feeling right, and there could be a reason for that. A brain injury is a possibility. A traumatic brain injury has a range of psychological and physical effects, some of which you may not notice immediately. Here are a few signs you should not ignore.

Work with an attorney to reduce small business contract issues

Running a small business typically means you're filling a lot of roles. You may be the person who handles the bookkeeping, the hiring and firing and all the inventory. If you are in charge of contracts, whether with your staff or with vendors, it's important to know what each contract contains before signing it.

Far too many small business owners hope for the best when executing contracts, and that can end up costing them in the long run. You should read each clause thoroughly and ensure that you understand what you are signing before you agree to sign anything legally binding.

How A Missing Comma Cost An Employer $10 Million

A contract between two entities is meant to remove ambiguity and clearly spell out the agreed upon terms. Lawyers often spend hours and even days on contracts, examining every detail, down to each comma and period. While this may seem like overkill to some, a Maine company recently realized the importance of that everyday punctuation—the comma—when a judge ruled that they must pay $10 million to employees due to unclear language in a wage and hour statute.

Delivery drivers for the company Oakhurst maintained that they were unlawfully denied overtime. Oakhurst, however, alleged that there was a legal exemption in place for overtime relating to delivery drivers, and did not pay overtime pay. The case ended up hinging on a linguistic ambiguity.

You might have a diminished value claim

Imagine driving along on your usual route to work when another car suddenly rear-ends you. It looks like it will be fairly easy to receive compensation from the other driver's insurance company since he was obviously at fault.

As you watch the tow truck drive away with your car, you can see that the damage is not so much that the insurance adjuster will declare it a total loss. However, you had been contemplating selling your car in the next few months. Will the damage from the wreck affect the sale even if the body shop repairs it?

Power Morcellator: The Defective Device Spreading Cancer

There are numerous reasons that someone may need to have surgery. When it comes to the field of OB/GYN, the number of surgical indications are endless. For example, women may have benign masses in their uterus that could necessitate removal. Some women have cysts that grow on their ovaries or uterus that need to be drained. Regardless of the reason, some of these procedures will necessitate the removal of the uterus itself to alleviate the symptoms that the patient is experiencing.

There has been a push to perform surgical procedures in a minimally invasive way to decrease the recovery time and improve patient outcomes. One of the tools that was designed to do this within the field of OB/GYN is called the power morcellator. 

Super Bowl Weekend brings increase in drunk driving accidents

You likely need no reminder that the Super Bowl is coming up this weekend. While Texas is not represented on the field, the game is of course being hosted in Houston. Texans from all over the state will be watching the game, including fans here in and around Dallas.

While Super Bowl Sunday is typically a great time to enjoy food, friends and football, it can also be dangerous. Sporting events - live or on TV - are associated with drinking alcohol, and that often leads to drunk driving. In fact, this weekend traditionally sees a significant spike in the number of DUI arrests and alcohol-related car accidents. As a result, it is important that you think twice about when you will be traveling this weekend. 

Preparing Your Teen Driver for a Potential Car Accident

It is never easy for parents to allow their teens to begin driving. As experienced drivers understand, operating a vehicle can be a risky business. Guiding your teen through the basics of what to do if he or she ever happens to be involved in a car accident can help to set your mind at ease and can potentially save your teen from unnecessary stress. 

Whenever possible, it helps to be prepared before you get into a car accident. Therefore, you can tell your teen that, "Not only should you have your license, registration, and insurance information handy, you also should have an emergency kit." Items such as a first aid kit, a flashlight, and a roadside assistance kit may already be in your car, but it's good to also have a seat belt cutter and a window breaker as well. 

Additionally, you'll want to have a disposable camera (as a backup for your smartphone), some pen and paper, a list of medical allergies and conditions for you and your regular passengers, and a contact list of local law enforcement.

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