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Litigation

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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There has been a really interesting story the last two days in the local paper discussing allegations of potential corruption at the Austin Court of Appeals. First, some background.  As most know, Travis County District Attorney Ronnie Earle had indicted Tom Delay and others for violations of the Texas Election Code.  The defendants challenged the…

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Lawyers aren’t the quickest to adopt technology, but those of us that litigate have been using social network sites such as LinkedIn, MySpace, and Facebook to investigate witnesses or clients for some time. And we’re probably all familiar with the reports of Dr. Flea’s blogging of his own trial. But this week, there have been…

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The saga of Supreme Court Justice David Medina is almost like a soap opera.  Just when you thought the story couldn’t get more bizarre, it took another twist today. For those not up to speed, here’s the story in a nutshell.  The home of Texas Supreme Court Justice David Medina and his wife was burned. …

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I don’t have time to make a detailed post, but the Washington Post (via the AP) had a great article today about the administration’s use of administrative rulemaking authority to preempt lawsuits.  For those interested in civil justice matters, it is certainly worth a read. I have a prior post that touches on this form…

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Several Texas newspapers ran stories regarding a report from Texas Watch that criticizes the Texas Supreme Court for issuing a growing number of opinions anonymously. The Houston Chronicle’s article on the report notes: The report by judicial watchdog group Texas Watch shows that 57 percent of the opinions issued in the court’s 2006-07 term were…

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Last Friday, the Texas Supreme Court issued another opinion where it opted for big business over consumers. The question in Perry Homes v. Cull was whether the Culls’ claim was properly submitted to arbitration. In the case, the Culls filed suit against Perry Homes for defects in their house. Fourteen months later, after completing discovery…

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Texas Watch, a bi-partisan advocacy group working to improve consumer and insurance laws for Texas families, has issued a new report about the increasing backlog of cases at the Texas Supreme Court.  The report, entitled Snail’s Pace: An Analysis of the Texas Supreme Court’s Growing Backlog, made the following findings: The Court took an average…

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The Philadelphia Inquirer has a recent article that discusses the disturbing trend of pre-dispute arbitration in the medical malpractice context.  The article summarizes the pros and cons of pre-dispute agreements with the following: Proponents say arbitration is faster, cheaper and fairer than trials, but critics say the secretive system can be weighted against consumers and…

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Two professors from the Hebrew University of Jerusalem have conducted a fascinating study on client behavior involving contingent fees. (You can download the entire article for free from the linked abstract.) The study seeks an answer to the questions: (1) Contingency fees are obviously beneficial to those that cannot afford hourly fees. But why do…

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