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Litigation

An Unusual Criminal Proceeding With A Question About Eye Witness Testimony

We have a weird criminal proceeding occurring here in Travis County. In 1986, 26 year old Timothy Cole was convicted of rape by a Lubbock County jury and sentenced to 25 years in prison. Cole maintained his innocence throughout the trial. In 1995, another prisoner confessed to the crime, but no one really took notice…

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Genius Texas Legislature Is At It Again

In 2003, the Texas Legislature changed the landscape for residential construction litigation. They created the Texas Residential Construction Commission (TRCC)and also set up a “dispute resolution process” that most construction defect cases had to go through before proceeding in the court setting. The law is a disaster for homeowners. Cases sit in the process for…

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Go All In On Contingent Fees

I’m a few days behind on my magazines (actually, more than that judging by the pile on my desk) so I just got around to reading my January 5, 2009 Texas Lawyer, which contains an article entitled  DOWN MARKETS REQUIRE CREATIVE CHOICES: Use Flexible Fee Structuring To Add Clients In Tough Times. In the article, the…

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The U.S. Chamber of Commerce Called Out

Attorney and CBS News analyst Andrew Cohen had a great opinion piece Saturday calling out the US Chamber of Commerce entitled “Made in America: Corporate Gall — On Corporations Seeking to “Reform” the Very System They Broke.” It’s an oustanding article, and I would cut and paste the entire thing if I wasn’t afraid of violating copyright…

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The U.S. Chamber of Commerce Called Out

Attorney and CBS News analyst Andrew Cohen had a great opinion piece Saturday calling out the US Chamber of Commerce entitled “Made in America: Corporate Gall — On Corporations Seeking to “Reform” the Very System They Broke.” It’s an oustanding article, and I would cut and paste the entire thing if I wasn’t afraid of violating copyright…

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Another Insurance Company Win At The Texas Supreme Court

I’m not usually surprised when insurance companies win at the Texas Supreme Court, but today was a little stunning when the Court issued its opinion in USF&G v. Goudeau.  And I’ll warn you up front, I’m short on time and don’t have a lot of time to explain my ramblings below. While working on the…

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Even The FDA Is Against Complete Immunity Preemption?

One of the hottest topics in the personal injury arena right now is preemption. Generally, the argument for preemption is that if a product complies with federal regulations relating to the safety of that product  (even if the regulations are not adequate) then manufacturers should be completely immune from state tort lawsuits based on defects on…

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Bush's Legacy In The Federal Judiciary

This morning’s New York Times had a discouraging piece detailing President Bush’s judicial appointees.  In the article, President Bush noted that “he had appointed more than a third of the federal judiciary expected to be serving when he leaves office, a lifetime-tenured force that will influence society for decades and that represents one of his most…

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Arbitration Is Good Enough For You, But Not Businesses

Earlier this week, Jonathon Glater of the New York Times had an article that discussed how businesses use arbitration agreements.  Apparently, at a time when businesses are becoming more and more aggressive about using arbitration clauses in their contracts with consumers, they still aren’t using them in business to business contracts. The article is based…

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More Drama In The Third Court of Appeals

A few weeks ago, I wrote about a dispute that was coming to a head in the Texas Third Court of Appeals, which is housed in Austin.  The dispute involved the criminal case against Tom Delay and his business associates.  The Third Court issued a ruling in the criminal case that was very favorable to…

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