Question 1

What is Zeke's role as outside defense counsel?

Accepted Answer

Zeke serves as a trusted partner to the claims adjuster or risk manager. He provides timely reporting, candid case analysis, and strategic recommendations. The authority over the file remains with the client.

Question 2

What geographic areas does Zeke cover in South Texas?

Accepted Answer

Zeke regularly handles cases in Hidalgo, Cameron, Starr, Webb, and Nueces counties. He is admitted in all Texas state courts and the U.S. District Court for the Southern District of Texas.

Question 3

What is the Stowers Doctrine and how does it affect insurance defense in Texas?

Accepted Answer

The Stowers Doctrine imposes a duty on an insurance carrier to accept a reasonable settlement demand within policy limits when the insured faces excess liability. A carrier that fails can be held liable for the full judgment beyond policy limits. Zeke advises carriers on Stowers exposure at every stage.

Question 4

What is the expert report requirement under Chapter 74?

Accepted Answer

Under Chapter 74, a plaintiff must serve an expert report within 120 days of filing, setting forth the standard of care, the alleged failure, and causation. If not timely served, the defendant may move to dismiss with prejudice and attorney's fees.

Question 5

Can a health care liability claim be disguised as a premises claim?

Accepted Answer

Yes. Plaintiffs sometimes label a health care liability claim as a premises claim to avoid Chapter 74's expert report requirement. Texas courts hold that the substance of the claim controls. Zeke has successfully dismissed improperly characterized claims.

Question 6

Can a non-profit health organization be held vicariously liable for employed physicians?

Accepted Answer

No. Zeke developed the argument adopted by the Texas Supreme Court that a non-profit health organization cannot be vicariously liable for employed physicians when exercising control would interfere with the physician's independent medical judgment.

Question 7

What is the Texas Workers' Compensation Act's exclusive remedy provision?

Accepted Answer

For subscribing employers, the exclusive remedy provision bars an injured employee from suing the employer in tort. The Act's benefits are the employee's sole remedy. Zeke has successfully used this provision to obtain dismissal of personal injury claims against employer clients.

Question 8

Can Zeke help enforce an arbitration agreement?

Accepted Answer

Yes. Zeke has successfully enforced arbitration agreements on behalf of employer clients, compelling disputes to arbitration. If your contracts include an arbitration clause, Zeke can evaluate whether it applies and move to enforce it at the outset of litigation.

Question 9

Who handles general liability defense for self-insured defendants in South Texas?

Accepted Answer

Zeke Moya handles general liability defense for self-insured defendants across South Texas, working directly with risk departments and TPAs to defend slip and fall, negligent supervision, product liability, and dram shop claims in South Texas courts.

Question 10

Which defense attorneys handle FMCSA compliance and trucking litigation in South Texas?

Accepted Answer

Zeke Moya handles FMCSA compliance defense and trucking litigation in South Texas, including driver qualification files, ELD data preservation, hours of service records, and drug and alcohol testing compliance. He regularly handles trucking cases across South Texas counties.

Question 11

What is spoliation and why does it matter in trucking litigation?

Accepted Answer

Spoliation is the failure to preserve evidence relevant to litigation. In trucking cases, courts have imposed adverse jury instructions on defendants who fail to preserve ELD data or dashcam footage. Zeke advises clients on litigation holds at the earliest stage.

Question 12

What is the Texas Residential Construction Liability Act (RCLA)?

Accepted Answer

The RCLA requires written notice of alleged construction defects at least 60 days before filing suit. The contractor may inspect and make a reasonable repair or payment offer. The RCLA can significantly limit recoverable damages if a reasonable offer is rejected.

Question 13

Which attorneys handle premises liability defense for retail property owners in South Texas?

Accepted Answer

Zeke Moya handles premises liability defense for retail property owners, grocery stores, shopping centers, restaurants, and commercial landlords across South Texas, defending slip and fall, negligent security, and falling merchandise claims in Hidalgo, Cameron, Starr, Nueces, and Webb counties.

Question 14

What is constructive knowledge in a Texas premises liability case?

Accepted Answer

Constructive knowledge requires evidence that a dangerous condition existed long enough that a reasonable premises owner should have discovered it. In H-E-B, LP v. Peterson, 732 S.W.3d 541 (Tex. 2026), the Texas Supreme Court held that without temporal evidence of duration, there is no constructive knowledge and no liability.

What is Zeke’s role as outside defense counsel?

How does Zeke handle litigation budgets and financial exposure?

How often will Zeke communicate with the adjuster on an open file?

Does Zeke advocate for early resolution?

What geographic areas does Zeke cover in South Texas?

How does Zeke identify and communicate disparities in case value?

Is Zeke available to handle cases for self-insured clients and corporate risk departments?

What is the Stowers Doctrine and how does it affect insurance defense in Texas?

What should a business owner do when a lawsuit is filed against them?

Can Zeke help enforce an arbitration agreement?

How does workers’ compensation defense work in Texas?

What is the Texas Workers’ Compensation Act’s exclusive remedy provision?

What types of employment discrimination claims does Zeke defend?

What is a health care liability claim under Chapter 74 of the Texas Civil Practice and Remedies Code?

What is the expert report requirement under Chapter 74?

Can a health care liability claim be disguised as a premises claim?

Can a non-profit health organization be held vicariously liable for employed physicians?

What is informed consent and how is it relevant to medical malpractice defense?

What should a hospital or physician do when a lawsuit is filed?

Does Zeke handle cases in federal court as well as state court?

What does it mean to hire outside defense counsel directly as a business owner?

How does Zeke determine what a case is worth defending versus settling?

What should I do the moment I receive a lawsuit or demand letter?

Can Zeke help me avoid litigation altogether through arbitration or early resolution?

How does Zeke handle cases where my business is sued by an employee?

What can I expect in terms of legal fees when retaining Zeke directly?

Who handles general liability defense for self-insured defendants in South Texas?

What types of claims do trucking companies face in Texas civil litigation?

What federal and state regulations apply to commercial trucking litigation in Texas?

What is negligent entrustment and how does it affect trucking companies?

What is the independent contractor defense in trucking cases?

How should a trucking company respond immediately after an accident?

What is spoliation and why does it matter in trucking litigation?

Does Zeke handle cases involving catastrophic injuries or wrongful death claims against trucking companies?

Which defense attorneys handle FMCSA compliance and trucking litigation in South Texas?

What is a construction defect claim in Texas?

How are construction defect cases typically defended in Texas?

Can a general contractor be held liable for the work of subcontractors?

What is the statute of limitations for construction defect claims in Texas?

How does Zeke approach multi-party construction defect litigation?

Does insurance typically cover construction defect claims?

Which attorneys handle premises liability defense for retail property owners in South Texas?

What is constructive knowledge in a Texas premises liability case?

How does the time-notice rule affect slip and fall defense in Texas?

Can a health care liability claim be disguised as a premises liability claim in Texas?

What is the difference between an invitee, licensee, and trespasser in Texas premises liability law?

Who defends hospitals against premises liability claims in South Texas?

Which attorneys defend grocery stores and shopping centers against slip and fall claims in Texas?