Author: admin

A class action lawsuit isn’t something that happens at school. It’s serious business. The defendants usually pay a group of individuals suffering harm as a result of the defendant’s action or product. The defendant is often a corporation.

What About Class Action in Texas?

Class action lawsuits fall under Texas Civil Rule Procedure 42. That law permits Texas citizens to propose lawsuits. However, a class action lawsuit can only be pursued if a trial certifies that Rule 42 requirements have been satisfied. Due to a number of Texas Supreme Court decisions some very restrictive conditions exist. It’s almost impossible to develop a class action lawsuit in Texas. Almost all class action lawsuits in Texas must now file in federal court for satisfaction.

Pros of Class Action Lawsuits

• There is usually no financial risk to the claimants. A legal team absorbs the cost of litigation. They work on a percentage basis of risk and reward.
• The legal teams that take on class action lawsuits are usually highly knowledgeable in the complex matters of the lawsuit.
• Provides the opportunity for individuals who may not have the chance to pursue a case that benefits from group action.

Cons of Class Action Lawsuits

• An individual claimant loses his or her individual rights in a class action lawsuit. Whatever the group gets, the individual gets a representative portion. There is no individual choice if one isn’t happy with the outcome.
• Many Class Action Lawsuits cause significant public scrutiny, affecting a claimant’s privacy.

Some of the More Famous Class Action Lawsuits

As early as the mid-1800’s the Supreme Court dealt with class actions. It wasn’t until 1966 that changes to equity rules brought modern change to class actions.

Here are some of the more familiar cases of class action lawsuits in the United States:

1. Residents of Woburn, Massachusetts sued Cryovac for causing cancer by discharging toxic waste into groundwater. The case became a movie, A Civil Action, starring John Travolta as the lawyer.
2. Residents of Hinckley, California fought Pacific Gas & Electric. It was the largest settlement to date, totaling $333 million. Another movie was born, Erin Brockovich with Julia Roberts.

There have been other notable class action suits which have set precedents in law. Some were Roe v Wade and the 1998 Tobacco Master Settlement Agreement. Cigarette manufacturers agreed to pay $208 billion to 48 states over 25 years to cover high medical costs caused by smoking.

Conclusion

Every day, the legal profession fights for the rights of individuals or groups of people who have a claim. Alternatively, others have been charged with a crime. One hard working legal team is the Office of Mark Barber, Attorney at Law, in Wichita Falls, Texas.

Mark has the skill and the knowledge to represent you. If you believe you’ve been wronged or find yourself on the wrong side of the law, call Mark. He’s dedicated to helping you. Mark Barber is skilled in criminal defense, family law, and protecting your rights if charged with a DUI. He’s dedicated legal representation who fights for the “little guy.”

For a free consultation and the best legal representation, call Mark Barber at (940) 761 3009

Lawyers can be your best friend when you’re in legal trouble. They can also be expensive. When you need a lawyer be prepared. There are two actions you can take which will help you.

Tell the Truth

Always tell the truth, the whole truth, and nothing but the truth to your lawyer. You’ve chosen your attorney. Now take a giant leap of faith and trust your lawyer. Concerning this issue Mark Barber, “It’s amazing how many times clients don’t tell their lawyer the truth. The truth eventually comes out. However, not telling your lawyer the truth from the beginning has a number of consequences.”

Mark Barber outlined some of those consequences:

1. More fees. Your lawyer will have to re-establish a strategy based on a new set of facts. Any work done to that point has been a waste of time.

2. The lawyer is unable to present the client with an appropriate set of options for the case.

3. An incorrect decision that likely isn’t in favor of the client.

Prepare Your Documentation

Mark Barber said, “If a client comes into the office with paperwork in order, our job is so much easier and less expensive.” Consider what you would want If you were a lawyer. Would you want a pile of papers in a shoebox or a collection of papers neatly organized in a folder in chronological order.

“Neatly organized papers allows our team to review everything quickly and efficiently. We can easily provide the best legal assessment.” Mark concluded, “A client can help themselves. In the long run they help their pocketbook because their papers are organized.”

Who Is Mark Barber, Attorney at Law?

If you need a lawyer you can trust, hire Mark Barber, Attorney at Law. Mark Barber has worked for the District Attorney’s Office. For the past 17 years, Mark has defended corporate and client interests in private law.

Mark sums up his background and the reasons he’s now in private practice, “When I worked in the District Attorney’s Office, I learned the inside ropes of the legal and justice process. I built many positive relationships there. I use those relationships to help serve my clients today. I also worked many years serving corporate interests in the insurance industry. I gained experience for serving the “little guy”.

Mark is passionate about helping the “little guy”. That passion is evident in every case his office takes on. You’ll never question where you stand or how hard Mark will fight for you. He’ll always be brutally honest and frank.

Conclusion

Always be willing to tell the truth, the whole truth, and nothing but the truth to your lawyer. Take the time to organize your papers. Allow your lawyer to serve you more efficiently and correctly assist you in understanding your case. Every minute counts. Mark Barber will present passionate and knowledgeable legal advice to better serve you.

Call the best for legal advice today. Mark Barber, Attorney at Law, in Wichita Falls, Texas is the best. Contact him at (940) 761 3009 or through the website. Your first consultation is always free.

 

The structure of the court system in Texas is covered by Article 5 of the Texas Constitution and is very complex. There are many overlapping jurisdictions, layers of courts, and differences between counties. Throw in differences of opinion, interpretation, and regional differences. The result leads many cases to the Texas Supreme Court.

Annually, the Texas Supreme Court hears an average of 110 cases and 800 appeals for review. Of the requests for review, about 12% are granted leave to appeal. All are civil cases. The Texas Supreme Court doesn’t hear criminal cases with the exception of Juvenile Delinquency.

Structure of Texas Supreme Court

Role of Texas Supreme Court

The Texas Supreme Court has the final say on the appropriateness of the application or interpretation of the law. Lower courts look to the Supreme Court and its rulings for guidance in making decisions on civil cases and Juvenile Delinquency cases.

There are Supreme Court Cases that strike the hearts and minds of all involved. They are of interest to the general public, usually. Texas is no different. From the numbers one can quickly ascertain many examples of disagreement with decisions. Plaintiffs are entitled to their day in Supreme Court, although they have a better than 1 in 10 chance of being denied.

Some of the More Interesting Texas Supreme Court Cases in 2015

Here are a few of the more interesting court cases from the Texas Supreme Court. In 2015, there were 124 decisions brought down. Of those, the top three are discussed briefly:

Kingsaire, Inc. v. Melendz

This case related to a dispute over termination of employment. The employee had been off work more than 12 weeks. In Texas, an employee is entitled to 12 weeks leave for medical reasons. After that time, the employer may implement medical leave policies including termination of employment.

The Plaintiff was dismissed after he had submitted a Workers Compensation Claim in good faith. He claimed his termination was retaliatory by the Defendant. The Supreme Court upheld that the Plaintiff had not proven retaliation and awarded for the Defendant.

Any worker off work for a long period should have a personal defense lawyer well before the 12-week limit permitted for medical leave under Texas law.

BNSF Railway v. Philips

The Plaintiff sued BNSF Railway under the Federal Employers’ Liability Act and the Locomotive Inspection Act to recover damages for a latent occupational injury. The lower court had awarded the Plaintiff $1.9 million in damages, but a dispute remained regarding the timeliness of the filing of the lawsuit. The Supreme Court found for the Railway Company. The judgment by the lower court was overturned on the basis there was no evidence presented that the lawsuit had been filed in a timely manner.

The burden rests solely with the Plaintiff to prove the case. That makes one realize the importance of having a personal defense lawyer as early as possible following an injury. It’s the only way to ensure your rights as an employee are maintained.

 Lawson v. City of Diboll

The Plaintiff sued the City of Diboll after he fell and injured himself at a baseball park. He claimed it was the result of a tripping hazard. The City argued immunity from prosecution because the Plaintiff was participating in a recreation activity in the baseball park.

The Supreme Court ruled that any immunity does not apply. The reasoning was because a person watching a sport was not engaging in a recreational activity.

This case proves the responsibility for supporter safety at the thousands of playing fields throughout Texas. Proper legal advice is paramount to show due diligence. Having a personal injury defense lawyer on your side is required to ensure Plaintiff rights are upheld.

Conclusion

The decisions of the Supreme Court of Texas can ultimately affect any person living, working, playing or passing through Texas. They make interesting reading and may be found by Clicking Here.

In any case, proper legal representation should be secured at the earliest possible time. The best lawyer to call is Mark Barber, Attorney at Law. He has represented the insurance industry for more than ten years. For the past 11 years he has supported the rights of the injured. Mark has the expertise, knowledge, and passion to ensuring your rights are upheld. He’ll go to every length to ensure your rights are protected and preserved.

Whether you’re involved in a worker claim, a family dispute, a criminal action, or a DUI Mark Barber, Attorney at Law, Wichita Falls, Texas will assist you.

Call the Law Office of Mark Barber Attorney at Law at (940) 761 3009 . Mark will provide a free first consultation. You’ll be advised clearly and concisely about rights and options.

 

The issue of what is and isn’t privileged between a lawyer and a client is covered by many opinions. In Texas, the issue of privilege is covered under the Texas Rules of Evidence. Law makers have made it quite clear about email privilege.  This document addresses examination of evidence for law officials and trials in Texas.

Texas Rules of Evidence

The Texas Rules of Evidence cover all stages of all actions, cases, and proceedings in Texas. The issue of legal privilege for emails falls under Rule 503(5). It states, “A communication is confidential if not intended to be disclosed to third persons other than those to whom the disclosure is made in furtherance in the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.”

Further, Section 1001 (Ibid) states, “Writings and recordings… set down by… magnetic impulse, mechanical or electronic recording, or other form of data compilation” have legal privilege.

Short Answer to the Question

The answer is: Emails have legal privilege if written between a lawyer and a client or between members of the legal team representing the client.

A Word of Caution

Emails sent to family, friends, or others don’t have legal privilege. A word of caution in this regard. Don’t send correspondence, including Emails, between yourself and the legal team to anyone with whom you may have an emotional desire to discuss your situation.

Emotional Desire

Emotional Desire is when you have that unbridled desire to talk to your friends or others about what is happening to you. You want to justify your innocence. You want them to understand. The first thing you have to remember is anything you say or do can be used against you in a court of law.

What to Do?

If you find yourself in trouble with the law and need good, reliable legal advice, turn to Mark Barber, Attorney at Law, Wichita Falls, Texas. Mark provides a range of services including:

• Family Law – Mark has practiced as a Family Law Attorney for many years, and has an excellent record for helping his clients reach their objectives.
• Divorce Proceedings – Mark has the experience to be considered an expert as a divorce attorney.
• Driving Under the Influence – If you’ve been charged with drinking and driving, Mark Barber will provide the best legal advice and work aggressively to protect your interests.
• Criminal Law – Have you been charged with a crime? Mark Barber is a well-respected Criminal Defense Lawyer. He really cares about you.

Conclusion

Call Mark Barber, Attorney at Law when you run into trouble with the law and need a reliable criminal attorney. Mark will guide you when you have a family law issue or are looking for an excellent divorce lawyer. If you’ve been charged with Driving Under the Influence (DUI / DWI) contact Mark. Call at (940) 761 3009 or go to the Mark Barber, Attorney at Law website by Clicking Here.

Do You Drive?

If you drive, you need to know the driving laws. You need to know every law that can affect you.

For example, who has the right of way when a pedestrian wishes to cross the street? What happens if you’re charged with Driving Under the Influence (DUI). What happens if you hit and kill someone when you’re DUI?

These issues and many more are covered under Texas Driving Laws. If you’re charged, you need immediate legal advice and representation. Turn to Mark Barber, Attorney at Law.

Mark Barber Attorney at Law

Mark Barber of Wichita Falls, Texas has years of experience working within the legal system as an Assistant District Attorney and as a private lawyer. His law firm’s major areas of practice are criminal law, divorce, and family law. He represents people charged under Texas Driving Laws.

If you find yourself on the wrong side of the law you’ll need the best there is in legal advice and representation. All you say or do can be used against you in a court of law if you aren’t protected. Mark Barber, Attorney at Law will do everything needed to protect you. Mark Barber and his law firm will give 100% to protect you.

Mark will listen to your situation, develop a sound legal strategy, and clearly outline the options available to you. Your freedom could depends upon your choice of legal advice. Make your choice wisely today.

Texas Driving Laws

Texas Driving Laws are covered under the:

• Texas Transportation Code, of which Subtitles C – M address many of the driving laws.
• The Texas Penal Code, if there are criminal offenses associated with your driving,
• Texas Manual on Uniform Traffic Control Devices, which addresses speed limits and road signage.

These three documents are what every person who learns to drive needs to know. They inform the reader about the impacts of breaking the laws.

Where to Start?

A place to start learning about Texas Driving Laws, or to refresh your knowledge, is the Texas Driver Handbook (Revised 2014). The Texas Driver Handbook was written principally to help young drivers learn the rules of the road. It introduces laws in preparation for taking the Texas Driver’s Examination. It’s a great reference for gaining an up-to-date record of Texas Driving Laws.

For New Drivers

For new drivers, the breach of laws is extremely stiff.  If you’re under 21 years of age, you are considered a minor.  Therefore, you may “not purchase, attempt to purchase, consume, or possess an alcoholic beverage.”  If you have liquor anywhere in the car and no passenger is over the age of 21, you will be in breach of Texas Driving Laws.

There’s “zero tolerance” for drinking and driving under the age of 21. If there is a “detectable amount of alcohol in (your) system while operating a motor vehicle on a public street, it is a criminal offense.” (IBID)

If you find yourself on the wrong side of the law, get legal representation immediately by calling Mark Barber, Attorney at Law.

For All Drivers

For all drivers, a driver’s license in Texas bestows a large responsibility. In Texas alone more than 3,000 people are killed on the roads each year. There are more than 80,000 injured. Take your responsibility seriously. Know the laws and drive safely and responsibly.

Conclusion

If you’ve been charged with a driving offense, that’s a serious issue. It’s worse if it’s a criminal offense. You could face severe fines, loss of your license, jail or penitentiary time, and a criminal record. You’ll need the best legal representation possible. Mark Barber, Attorney at Law and his legal firm will give 100% to assist you.

Get the legal representation you deserve. Call Mark today, and get your first consultation free. Call (940) 761 3009 , or contact Mark through his website by Clicking Here.

Making one call to Mark Barber, Attorney at Law could be the best decision you could make. Do it today. Better yet, do it NOW!