Regardless of the setting, whether premises, auto, or trucking, the legal analysis begins with the same three questions:

By Zeke Moya, Partner at Roerig, Oliveira & Fisher, LLP Premises liability cases frequently turn on whether the plaintiff can establish that the condition was “unreasonably dangerous.” Two recent Texas Supreme Court opinions— United Supermarkets, LLC v. McIntire , 646 S.W.3d 800 (Tex. 2022), and Pay & Save, Inc. v. Canales , 691 S.W.3d 499 (Tex. 2024) have sharpened that inquiry in a way that strongly favors landowners and retailers confronting claims involving everyday surfa

By Zeke Moya, Partner at Roerig, Oliveira & Fisher, LLP Texas Embraces Early Dismissal: A New Era in Litigation Before 2013, Texas civil litigation lacked an efficient mechanism to dismiss baseless claims early in a case. Motions to dismiss were limited. Consequently, parties often endured lengthy discovery and a full summary judgment process before they could challenge meritless pleadings. Out-of-state clients, accustomed to Federal Rule 12(b)(6), frequently expressed disbel

A year ago, I bet on myself and transitioned to Roerig Oliveira & Fisher, LLP to build my own team and plant a flag. This year stretched my marketing muscles, brought meaningful wins for clients, and reinforced the value of relationships and a team I can count on. Looking ahead to 2026. Ever forward.

October 30, 2025 – Thirteenth Court of Appeals Issues Favorable Ruling in Chapter 74 Case Attorney Zeke Moya of Roerig, Oliveira & Fisher, LLP successfully represented a local hospital in both the trial court and on appeal, securing a full dismissal with prejudice in a slip-and-fall lawsuit after the Thirteenth Court of Appeals ruled the claim constituted a Health Care Liability Claim (HCLC) under Texas law. Case Overview The plaintiff, a patient referred for aquatic therapy,

On June 6, 2025, the Texas Supreme Court issued a 5-4 opinion in Leibman v. Waldroup , No. 23-0317, a closely watched case testing the boundaries of the Texas Medical Liability Act (TMLA). At issue was whether a physician’s conduct—authoring letters for a former patient supporting the need for a service animal—constituted a “health care liability claim” (HCLC) subject to the procedural requirements of Chapter 74 of the Texas Civil Practice and Remedies Code. The Court said no

By Zeke Moya, Trial Counsel for Petitioner in Renaissance Medical Foundation v. Lugo On May 23, 2025, the Texas Supreme Court issued a highly anticipated decision in Renaissance Medical Foundation v. Lugo , addressing whether a nonprofit health organization (NPHO) can be held vicariously liable for the alleged negligence of its employed physician. I had the honor of serving as trial counsel for the petitioner, Renaissance Medical Foundation, in this pivotal case. The Core Leg

Texas Senate Bill 30 (SB 30) continues to evolve as one of the most closely watched civil justice reform proposals in recent memory. While the bill’s journey began with bold proposals to impose strict limits on medical damages and non-economic recovery, its current form reflects months of negotiation, legislative compromise, and public testimony. Here’s a breakdown of how SB 30 has changed—and where it stands now. 🏛️ The Original SB 30: Aimed at Capping Recovery and Increasi

Texas may be on the brink of a significant shift in civil litigation. House Bill 4806 (HB 4806), currently under review by the Judiciary & Civil Jurisprudence Committee as of March 6, 2025, is set to curb runaway jury awards, limit inflated medical damages, and create greater fairness in personal injury and wrongful death lawsuits. If passed, this bill will protect insurance carriers, business owners, and defendants from excessive claims while ensuring fair compensation for i

The Texas Supreme Court is reviewing the case of Maurice N. Leibman v. Cleveratta and James Waldroup, Individually and As Next Friends of R.W., a Minor (No. 23-0317; granted September 27, 2024). The Court has accepted the petition for review filed by the defendant physician, Dr. Leibman, challenging the Houston [1st] Court of Appeals' decision. This decision determined that Dr. Leibman's issuance of a letter to his patient concerning the suitability of a pit bull as a servic

The Texas Legislature is considering two key bills, House Bill 1419 and House Bill 939, that could significantly impact personal injury litigation by placing limits on noneconomic damages. Both bills aim to curb the so-called “nuclear” verdict and provide predictability in damage awards, but they approach this issue differently. Below, I’ll break down each bill's content and compare their potential effects. Nuclear Verdicts in Texas According to the U.S. Chamber of Commerce I

As an insurance defense attorney in Texas, defending premises liability lawsuits can be challenging but rewarding work. These cases often involve complex legal principles and intricate details that require a deep understanding of both law and strategy. Here are some key insights and trends in defending premises liability claims. Understanding Premises Liability Premises liability refers to the responsibility of property owners and occupiers to maintain a safe environment for

Ah, Christmas! That magical time of year when the air is filled with the aroma of fresh pine trees, gingerbread cookies, and, if you're in my line of work, the faint whiff of legal filings marked "URGENT." Yes, even during the most wonderful time of the year, the insurance claims, business disputes, and occasional bizarre lawsuits (looking at you, Santa vs. the HOA) don't take a holiday. But let's not dwell on the legal Grinch stealing our cheer. Instead, let’s embrace the se

As insurance professionals, staying ahead of legislative changes is critical to managing claims effectively and protecting your company’s bottom line. A newly proposed bill in the Texas legislature could significantly alter how personal injury and wrongful death cases are handled, with direct implications for claims departments and adjusters. Here’s what you need to know and how this could impact your role in claims management: Key Highlights of the Proposed Bill: Caps on Non